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.
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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
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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
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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).)
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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
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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
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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
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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
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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
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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