BILL ANALYSIS Ó AB 2278 Page 1 Date of Hearing: April 5, 2016 Counsel: David Billingsley ASSEMBLY COMMITTEE ON PUBLIC SAFETY Reginald Byron Jones-Sawyer, Sr., Chair AB 2278 (Linder) - As Amended March 28, 2016 As Proposed to be Amended in Committee SUMMARY: Clarifies procedures for notification of animal owners regarding hearings and payment of costs when an animal is seized or impounded. Specifically, this bill: 1)Requires a peace officer, humane society officer, or animal control officer to take possession of an animal that is not provided proper care and attention. 2)Specifies that when there are reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of others, the animal shall be seized immediately. 3)Requires a seizing agency to provide care and treatment for a seized animal until the animal is placed, returned to the owner, or euthanized. 4)Specifies that the owner or keeper of the animal is liable to the seizing agency for the entire cost of the seizure or impoundment of the animal, including costs associated with preparing and posting notices and sending statements of charges. AB 2278 Page 2 5)Requires the seizing agency to provide the owner of the animal with the opportunity for a postseizure hearing to determine the validity of the seizure. 6)Requires the seizing agency to post notice of postseizure hearing rights where the animal was seized, or personally deliver notice of postseizure hearing rights personally to the owner. 7)Specifies that in order to receive a post seizure hearing the owner must request the hearing within 10 days of notice. 8)Requires the seizing agency to present the owner with a statement listing all accrued charges, as provided, either at the postseizure hearing, or by personal service, first class mail, or electronic mail, as specified. 9)Requires the seizing agency to provide notice that the animal will be deemed abandoned if charges are not paid within 14 days of service of notice of charges, and that the payment of fees does not guarantee the release of the animal, but does allow the owner to retain an ownership interest in the animal. 10)Requires the impounding agency to continue to send notices of additional charges for care of the animals, at the discretion of the agency, not less than 14, and not to exceed 21 days from the last statement. 11)Requires that if the animal was seized pursuant to a search warrant that the court that issued or adjudicated the warrant, give its express approval prior to the release of the animal to the owner. 12)Allows for a preseizure hearing when the need for immediate seizure of the animal is not present. 13)Provides the same requirements for notice of monetary charges and abandonment if the animal is seized after a preseizure hearing. 14)Requires the prosecutor's office to inform the seizing agency if they decide not to file criminal charges based on conduct AB 2278 Page 3 related to the impoundment of the animal. 15)States that the animal will be released to the owner if a decision has been made not to file criminal charges and the animal has not otherwise been deemed abandoned. EXISTING LAW: 1)States that ever person who willfully abandons any animal is guilty of a misdemeanor. (Penal Code § 597s.) 2)Provides that any peace officer, humane society officer, or animal control officer shall take possession of a stray or abandoned animal and shall provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner. (Penal Code § 597.1, subd. (a).) 3)Specifies that when the officer has reasonable grounds to believe that very prompt action is required to protect the health and safety of the stray or abandoned animal, or others the officer shall immediately seize the animal. (Penal Code § 597.1, subd. (a).) 4)States that the owner of a seized animal is liable for the full cost of caring and treating the animal, that these costs will be considered a lien on the animal, and that the animal will not be returned until the charges are paid, if the seizure is upheld. (Penal Code § 597.1, subd. (a) and (b).) 5)Requires any peace officer, humane society officer, or animal control officer to take all injured cats and dogs found without their owners in a public place to a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment. (Penal Code § 597.1, subd. (c)(1).) 6)Specifies that if the owner does not redeem the dog or cat that has been seized, as specified, within the locally prescribed waiting period, the veterinarian may personally perform euthanasia on the animal, or if the animal is treated and recovers from its injuries, the veterinarian may keep the AB 2278 Page 4 animal for purposes of adoption, provided the responsible animal control agency has first been contacted and has refused to take possession of the animal. (Penal Code § 597.1, subd. (c)(2).) 7)States that if the veterinarian provides medical treatment to a dog or cat that has been seized, as specified, the full costs the full cost of caring for and treating that animal shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. (Penal Code § 597.1, subd. (c)(4).) 8)Provides that any peace officer, humane society officer, or any animal control officer may, with the approval of his or her immediate superior, humanely destroy any stray or abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to euthanize the animal. (Penal Code § 597.1, subd. (e).) 9)States that whenever an officer seizes an animal as specified, the officer shall, prior to the commencement of any criminal proceedings, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to determine the validity of the seizure or impoundment, or both. (Penal Code § 597.1, subd. (f).) 10)Sets forth the notice requirements for animal-seizure hearings. (Penal Code § 597.1, subd. (f) and (g).) 11)Specifies that in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or his or her agent, must request the hearing by signing and returning a declaration of ownership or right to keep the animal to the agency providing the notice within 10 days, including weekends and holidays, of the date of the notice. (Penal Code § 597.1, subd. (f)(1)(D).) 12)Requires the postseizure hearing be conducted within 48 hours of the request, excluding weekends and holidays. (Penal Code § 597.1, subd. (f)(2).) AB 2278 Page 5 13)States that failure of the owner or keeper, or of his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or right to challenge his or her liability for costs incurred. (Penal Code § 597.1, subd. (f)(3).) 14)Specifies that if it is determined in the postseizure hearing that the seizing officer did not have reasonable grounds seize the animal, the agency that seized the animal shall be responsible for the costs incurred for caring and treating the animal. (Penal Code § 597.1, subd. (f)(4).) 15)States that if it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the full cost of the seizure and care of the animal, and the costs for the seizure and care of the animal shall be a lien on the animal. (Penal Code § 597.1, subd. (f)(4).) 16)Provides that an animal determined to be a legally seized animal shall not be returned to its owner until the charges are paid and the owner demonstrates to the satisfaction of the seizing agency or the hearing officer that the owner can and will provide the necessary care for the animal. (Penal Code § 597.1, subd. (f)(4).) 17)Specifies that a preseizure hearing shall be conducted within 48 hours, excluding weekends and holidays, after receipt of the request. (Penal Code § 597.1, subd. (g)(2).) 18)States that failure of the owner or keeper, or his or her agent, to request or to attend a scheduled preseizure hearing shall result in a forfeiture of any right to a preseizure hearing or right to challenge his or her liability for costs incurred pursuant to this section. (Penal Code § 597.1, subd. (g)(3).) 19)States that the hearing officer, after the preseizure hearing, may affirm or deny the owner's or keeper's right to custody of the animal and, if reasonable grounds are established, may order the seizure or impoundment of the AB 2278 Page 6 animal for care and treatment. (Penal Code § 597.1, subd. (g)(4).) 20)Provides if the charges for the seizure, and any other permitted charges are not paid within 14 days of the seizure, or if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this section and take possession of the animal, the animal shall be deemed to have been abandoned and may be disposed of by the seizing agency. (Penal Code § 597.1, subd. (h).) 21)States that if the animal requires veterinary care and the humane society or public agency is not assured, within 14 days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the seizing agency. (Penal Code § 597.1, subd. (i).) 22)Provides that a veterinarian may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably crippled. (Penal Code § 597.1, subd. (i).) 23)States that in the case of cats and dogs, prior to the final disposition of any criminal charges, the seizing agency or prosecuting attorney may file a petition in a criminal action requesting that the court issue an order forfeiting the animal to the city, county, or seizing agency. (Penal Code § 597.1, subd. (k)(1).) 24)Disallows the return of a seized animal to the owner until the seizing agency or hearing officer determines that the animal is physically fit or until the owner shows to the satisfaction of the hearing officer or seizing agency that the owner can and will provide necessary care. (Penal Code § 597.1, subd. (j).) 25)States that person convicted of a violation of this section by causing or permitting an act of cruelty, as specified, shall be liable to the impounding officer for all costs of AB 2278 Page 7 impoundment from the time of seizure to the time of proper disposition. (Pen. Code, § 597, subd. (g).) FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "This bill is to clean up Penal Code 597.1, by clarifying the 14-day notice language and provide that all animals seized for alleged abuse are eligible for mandatory forfeiture after a court hearing. By making these changes we can help avoid any undue suffering to animals that are in shelters as well as avoid any unanticipated cost to the owner." 2)Procedures for Seizing Animals: An animal can be seized in several different ways. A peace officer, humane society officer, or animal control officer can seize a stray or abandoned animal if he or she has reasonable grounds to believe that prompt action is required to protect the health or safety of the animal or the health or safety of others. (Penal Code Section 597.1(a) and (b).) Authorities can also obtain a warrant upon a showing of probable cause, and then seize the animal pursuant to the warrant. There is also an option to seize an animal after a hearing if animal control observes unsuitable conditions, but these conditions do not rise to the level of exigent circumstances (i.e., the need for immediate seizure is not present). Animal control can conduct a hearing prior to seizure of the animal and before criminal proceedings for animal abuse or neglect commence. (Penal Code Section 597.1(g).) In this situation, the owner must produce the animal at the time of the hearing, unless before the hearing he or she allowed the agency to view the animal or unless the owner can provide verification that the animal was already humanely destroyed. This hearing is referred to as a preseizure hearing. (Ibid.) Depending on the findings made at the preseizure hearing, the animal can be AB 2278 Page 8 seized and held at that point. 3)Current Framework For Administrative Hearings In Animal Seizures: Under existing law, peace officers, humane society officers, or animal control officers must take possession of the stray or abandoned animal when the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal. Once the animal is seized, it is taken to a veterinarian, shelter, or clinic to be treated and housed. Notice must be posted, or mailed, to give any owner an opportunity for a post seizure hearing. The owner must request a post seizure hearing within 10 calendar days from the date of notice, or loses the opportunity for a hearing. The purpose of the hearing is to determine if the seizure or impoundment of the animal was valid. If the seizure is upheld the owner is responsible for the costs of care and treatment of the animal. Those costs are lien against the animal. If the owner fails to pay the costs of the seizure and animal care within 14 days of the seizure the animal shall be deemed abandoned and may be placed, or the seizing agency can make other arrangements for the animal. Current law does not provide clear guidelines for the seizing agency to provide notice to the owner of the animal regarding payment of costs and when an animal is deemed abandoned by the owner. This bill provides such guidelines. 4)As Proposed to be Amended in Committee: a) Requires mandatory seizure of animals under specified circumstances involving animal neglect and safety. That mandatory language is consistent with existing law. b) Specifies that a seized animal is deemed abandoned and may be disposed of by the seizing agency if the monetary charges for seizure are not paid within 14 days of service of the notice of charges. This amendment provides consistency with the notice requirements added by this bill. c) Requires prosecutor's office to inform the seizing AB 2278 Page 9 agency if they decide not to file criminal charges based on conduct related to the impoundment of the animal. d) States that the animal will be released to the owner if a decision has been made not to file criminal charges and the animal has not otherwise been deemed abandoned. 5)Argument in Support: According to The State Humane Association of California, "AB 2278 will make major improvements to Penal Code Section 597.1. This is a section of code that animal shelters rely on to deal with animal cruelty and neglect and what transpires as a result of seizing animals found in those circumstances. However, in the course of executing their duties as proscribed in this statute, it has become more and more apparent that this section of code is both difficult to interpret and implement. "The proposed changes are not meant to undermine or redirect the statute's original purpose. Rather they will clarify the rights and responsibilities of both owners and agencies when an animal is seized for abuse or neglect. This will help to avoid undue animal suffering, financial loss to the shelter, and unanticipated financial burden on the owner. Moreover, the proposed changes will ensure that all animals - not just cats and dogs - are subject to the mandatory forfeiture provisions. These improvements in the statute will enable animal shelters to do a better job of protecting abused animals and giving them a chance at a new life." 6)Prior Legislation: a) SB 1500 (Lieu), Chapter 598, Statutes of 2012, allows pre-conviction forfeiture of an individual's seized animals in animal abuse and neglect cases. b) AB 243 (Nava), of the 2009-10 Legislative Session, sought to establish a period prohibiting animal ownership after a misdemeanor or felony conviction of animal abuse. AB 243 was vetoed. c) SB 318 (Calderon), Chapter 302, Statutes of 2009, provided for the forfeiture of any property interest that AB 2278 Page 10 was either acquired through the commission of dogfighting, or used to promote, further or facilitate dogfighting. REGISTERED SUPPORT / OPPOSITION: Support State Humane Association of California (Sponsor) Beagle Freedom Project California Police Chiefs Association Peace Officers Research Association of California Opposition None Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744