Senate BillNo. 237


Introduced by Senators Anderson and Leno

February 17, 2015


An act to amend Section 30652 of the Food and Agricultural Code, and to amend Section 830.9 of the Penal Code, relating to animal control officers.

LEGISLATIVE COUNSEL’S DIGEST

SB 237, as introduced, Anderson. Animal control officers.

(1) Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice. Existing law requires the commission to carry out various duties related to the education and training of peace officers, as defined.

Existing law provides that animal control officers are not peace officers but may exercise the powers of arrest of a peace officer and the power to serve warrants, as specified, during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers.

This bill would require every person appointed as an animal control officer prior to July 1, 2016, to complete a course in the exercise of the powers of arrest and to serve warrants no later than July 1, 2017. This bill would require every person appointed as an animal control officer, and every person appointed as a director, manager, or supervisor, or any person in direct control of an animal control agency, on or after July 1, 2016, to complete a course in the exercise of the powers of arrest and to serve warrants within one year of his or her appointment, as specified. This bill would require every animal control officer, prior to the exercise of the powers of arrest and to serve warrants, to have satisfactorily completed the required course of training.

This bill would also require every animal control officer appointed prior to July 1, 2016, to satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, no later than July 1, 2019, and every 3 years thereafter, as specified. The bill would require every animal control officer appointed on or after July 1, 2016, to comply with those requirements within 3 years of the date of his or her appointment, and every 3 years thereafter.

The bill would specify that the above training and continuing training requirements do not apply to an animal control officer who is a peace officer.

By imposing new training requirements on local employees, this bill would impose a state-mandated local program.

(2) Existing law provides for the regulation and licensing of dogs, including the issuance of dog license tags. Existing law requires that fees for the issuance of dog license tags and fines collected for a violation of the provisions regulating and licensing dogs be paid into the county, city, or city and county treasury and that they be used for specified purposes, including to pay costs and expenses for the enforcement of those provisions.

This bill would expand the list of purposes for which those fees and fines shall be used to include paying for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers.

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 30652 of the Food and Agricultural Code
2 is amended to read:

3

30652.  

All fees for the issuance of dog license tags and all
4fines collected pursuant to this division shall be paid into the
P3    1county, city, or city and county treasury, as the case may be, and
2shall be used:

3(a) First, to pay fees for the issuance of dog license tags.

4(b) Second, to pay fees, salaries, costs, expenses, or any or all
5of them for the enforcement of this division and all ordinances
6which are made pursuant to this division.

7(c) Third, to pay damages to owners of livestock which are
8killed by dogs.

9(d) Fourth, to pay costs of any hospitalization or emergency
10care of animals pursuant to Section 597f of the Penal Code.

begin insert

11(e) Fifth, to pay for initial and in-service training for persons
12charged with enforcing animal control laws, including animal
13control officers.

end insert
14

SEC. 2.  

Section 830.9 of the Penal Code is amended to read:

15

830.9.  

begin insert(a)end insertbegin insertend insert Animal control officers are not peace officers but
16may exercise the powers of arrest of a peace officer as specified
17in Section 836 and the power to serve warrants as specified in
18Sections 1523 and 1530 during the course and within the scope of
19their employment, if those officers successfully complete a course
20in the exercise of those powers pursuant to Section 832.begin delete That part
21of the training course specified in Section 832 pertaining to the
22carrying and use of firearms shall not be required for any animal
23control officer whose employing agency prohibits the use of
24firearms.end delete
begin delete Forend delete

begin insert

25(b) (1) Every person appointed as an animal control officer
26prior to July 1, 2016, shall complete a course in the exercise of
27the powers of arrest and to serve warrants pursuant to Section
28832 no later than July 1, 2017. That part of the training course
29specified in Section 832 pertaining to the carrying and use of
30firearms shall not be required for any animal control officer whose
31employing agency prohibits the use of firearms.

end insert
begin insert

32(2) An animal control officer who completed a course in the
33exercise of the powers of arrest and to serve warrants pursuant
34to Section 832 prior to January 1, 2016, shall be deemed to have
35satisfied the training requirements described in paragraph (1).

end insert
begin insert

36(c) Every person appointed as an animal control officer on or
37after July 1, 2016, shall complete a course in the exercise of the
38powers of arrest and to serve warrants pursuant to Section 832
39within one year of his or her appointment. That part of the training
40course specified in Section 832 pertaining to the carrying and use
P4    1of firearms shall not be required for any animal control officer
2whose employing agency prohibits the use of firearms.

end insert
begin insert

3(d) Every animal control officer described in this section, prior
4to the exercise of the powers of arrest and to serve warrants, shall
5have satisfactorily completed the course of training described in
6Section 832.

end insert
begin insert

7(e) Every person appointed as a director, manager, or
8supervisor, or any person in direct control of an animal control
9agency, on or after July 1, 2016, shall complete a course in the
10exercise of the powers of arrest and to serve warrants pursuant
11to Section 832 within one year of his or her appointment.

end insert
begin insert

12(f) (1) During each three-year period following the date
13described in paragraph (2), every animal control officer shall
14satisfactorily complete at least 40 hours of continuing education
15and training relating to the powers and duties of an animal control
16officer, which education and training shall be sponsored or
17provided by an accredited postsecondary institution, the
18Commission on Peace Officer Standards and Training, a law
19enforcement agency, the National Animal Care and Control
20Association, the California Animal Control Directors Association,
21the California Veterinary Medical Association, or the State
22Humane Association of California.

end insert
begin insert

23(2) Every animal control officer appointed prior to July 1, 2016,
24shall comply with the requirements of paragraph (1) no later than
25July 1, 2019, and every three years thereafter. Every animal control
26officer appointed on or after July 1, 2016, shall comply with the
27requirements of paragraph (1) within three years of the date of
28his or her appointment, and every three years thereafter.

end insert
begin insert

29(3) The minimum hours and required topics of continuing
30education and training may be determined by the California Animal
31Control Directors Association. Continuing education and training
32shall include at least four hours of course work in the exercise of
33the powers of arrest and to serve warrants taught by a Commission
34on Peace Officer Standards and Training certified instructor. This
35section does not restrict the ability of an agency employing an
36animal control officer from providing the training required by this
37subdivision utilizing instructors or curriculum from within the
38agency or from an allied agency, provided the topic and length of
39instruction otherwise comply with this subdivision.

end insert
begin insert

P5    1(4) Records of training shall be maintained by the animal control
2officer’s employing agency.

end insert
begin insert

3(5) The failure to satisfactorily complete the continuing
4education and training requirements under this subdivision within
590 days after the expiration of each three-year period shall result
6in the immediate suspension of the authority granted under
7subdivision (a).

end insert
begin insert

8(g) Nothing in this section shall be construed to supersede any
9 existing training requirements, including, but not limited to, the
10training requirements set forth in subdivision (g) of Section 22295.

end insert
begin insert

11(h) This section does not apply to an animal control officer who
12is a peace officer pursuant to Section 830.1.

end insert

13begin insert(i)end insertbegin insertend insertbegin insertForend insert the purposes of this section, “firearms” includes capture
14guns, blowguns, carbon dioxide operated rifles and pistols, air
15guns, handguns, rifles, and shotguns.

16

SEC. 3.  

If the Commission on State Mandates determines that
17this act contains costs mandated by the state, reimbursement to
18local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.



O

    99