BILL NUMBER: AB 1571 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Caldera
FEBRUARY 24, 1995
An act to amend Sections 4827 and 13200 of the Business and
Professions Code, to repeal Title 4 (commencing with Section 607d) of
Part 4 of Division 1 of the Civil Code, to amend Section 1208.5 of
the Code of Civil Procedure, to amend Sections 2020 and 2189 of the
Fish and Game Code, to amend Sections 31106, 31252, and 31609 of the
Food and Agricultural Code, to amend Section 25988 of the Health and
Safety Code, and to amend Sections 597, 597.1, 597d, 597f, 597u,
597v, 597w, 597z, 11165.16, 11166, 11166.5, 11172, 12031, and 12583
of the Penal Code, relating to humane officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 1571, as introduced, Caldera. Humane societies.
Existing law provides for, and regulates, humane societies
incorporated for the prevention of cruelty to animals. These
provisions provide for the appointment of members of those societies
as humane officers and authorizes those persons to have specified
powers, including the power to arrest and the power to carry weapons.
This bill would repeal these provisions and would make conforming
changes to related provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4827 of the Business and Professions Code is
amended to read:
4827. Nothing in this chapter prohibits any person from:
(a) Practicing veterinary medicine upon his own animals.
(b) Being assisted in such practice by his employees when employed
in the conduct of such person's business.
(c) Being assisted in such practice by some other person
gratuitously.
(d) The lay testing of poultry by the whole blood agglutination
test.
(e) Making any determination as to the status of pregnancy,
sterility, or infertility upon livestock at the time an animal is
being inseminated, providing no direct charge is made for such
determination.
(f) Administering sodium pentobarbitol
pentobarbital for euthanasia of sick, injured, homeless, or
unwanted domestic pets or animals, without the presence of a
veterinarian when such person is an employee of a public pound
or humane society and has received proper training
in the administration of sodium pentobarbitol
pentobarbital for such purposes.
SEC. 2. Section 13200 of the Business and Professions Code is
amended to read:
13200. For purposes of this chapter "animal euthanasic device"
means any carbon monoxide gas chamber used by a person, peace
officer, officer of a humane society, or officer
of a pound or animal regulation department of a public agency, for
the killing of any dog or cat.
SEC. 3. Title 4 (commencing with Section 607d) of Part 4 of
Division 1 of the Civil Code is repealed.
SEC. 4. Section 1208.5 of the Code of Civil Procedure is amended to
read:
1208.5. Any person having a lien upon any animal or animals under
the provisions of Section 597a or 597f of the Penal Code may satisfy
such lien as follows: If such lien is not discharged and satisfied,
by the person responsible, within three days after the obligation
becomes due, then the person holding such lien may resort to the
proper court to satisfy the claim; or he, three days after the
charges against the property become due, may sell the property, or an
undivided fraction thereof as may become necessary, to defray the
amount due and costs of sale, by giving three days' notice of the
sale by advertising in some newspaper published in the county, or
city and county, in which the lien has attached to the property; or,
if there is no paper published in the county, then by posting notices
of the sale in three of the most public places in the town or
judicial district for three days previous to the sale. The notices
shall contain an accurate description of the property to be sold,
together with the terms of sale, which must be for cash, payable on
the consummation of the sale. The proceeds of the sale shall be
applied to the discharge of the lien and the costs of sale; the
remainder, if any, shall be paid over to the owner, if known, and if
not known shall be paid into the treasury of the humane
society of the county, or city and county, wherein the sale takes
place; if no humane society exists in the county, then the remainder
shall be paid into the county treasury.
SEC. 5. Section 2020 of the Fish and Game Code is amended to read:
2020. (a) The department may reimburse eligible local entities,
pursuant to a memorandum of understanding entered into under this
section, for costs incurred by the eligible local entities in the
administration and enforcement of any provision concerning the
possession of, handling of, care for, or holding facilities provided
for, a wild animal designated pursuant to Section 2118, by any
person.
(b) The director may enter into memorandums
memoranda of understanding with eligible local entities
for the administration and enforcement of any provision concerning
the possession of, handling of, care for, or holding facilities
provided for, a wild animal designated pursuant to Section 2118, or a
cat specified in Section 3005.9.
(c) For purposes of this division, "eligible local entity" means a
county, local animal control officer, local humane society
official, an educational institution, or trained private
individual which enters into a memorandum of understanding with the
director pursuant to this section.
SEC. 6. Section 2189 of the Fish and Game Code is amended to read:
2189. (a) No person shall import into this state any live
nonnative wild animal except pursuant to this chapter or regulations
adopted pursuant thereto.
(b) Any live nonnative wild animal which is possessed or
transported within this state in violation of this chapter or
regulations adopted pursuant thereto shall, upon notice of and within
the time specified by the enforcing officer, be disposed of in
accordance with regulations adopted pursuant to Section 2122, at the
option and expense of the owner or bailee.
(c) Any live, nonnative wild animal found at large within this
state shall be either summarily destroyed or, if captured, shall be
confined for not less than 72 hours following notification of the
local humane society animal control officer
.
(d) If during the 72-hour holding period, any person claims
ownership of the animal, that person shall be allowed to dispose of
the animal pursuant to subdivision (b) and this shall be the person's
only option.
(e) After the 72-hour holding period, if the animal is unclaimed,
it shall be disposed of in accordance with regulations adopted
pursuant to Section 2122 unless the animal is listed as a threatened
or endangered species by either state or federal regulation. If the
animal is listed as a threatened or endangered species in either
regulation, the department shall be notified of the animal's location
and the department shall be responsible for proper disposition.
SEC. 7. Section 31106 of the Food and Agricultural Code is amended
to read:
31106. The board of supervisors may appoint proper persons to take
up, impound, and kill dogs pursuant to this division or it may enter
into a contract with any humane society or other
organization or association which will do both of the following:
(a) Undertake to carry out the provisions of this division
regarding the taking up, impounding, and killing of dogs.
(b) Give a proper bond in whatever amount may be fixed by the
board of supervisors for the faithful performance of the contract.
SEC. 8. Section 31252 of the Food and Agricultural Code is amended
to read:
31252. If the impounding of a dog is done by an appointee of the
board of supervisors or by a humane society or other
an organization or association which has entered
into a contract for impounding dogs, the fees for taking up,
impounding, and keeping the dog shall be a charge upon the county
treasury, to be paid as other claims against the county are paid.
SEC. 9. Section 31609 of the Food and Agricultural Code is amended
to read:
31609. (a) This chapter does not apply to licensed kennels,
humane society shelters, animal control
facilities, or veterinarians.
(b) This chapter does not apply to dogs while utilized by any
police department or any law enforcement officer in the performance
of police work.
SEC. 10. Section 25988 of the Health and Safety Code is amended to
read:
25988. A peace officer , officer of a humane society as
qualified under Section 607f or 607g of the Civil Code, or
officer of an animal control or animal regulation department of a
public agency, as qualified under Section 830.9 of the Penal Code,
may issue a citation as prescribed in Section 25988.5, to any person
or entity keeping horses or other equine animals for hire, if the
person or entity fails to meet any of the following standards of
humane treatment regarding the keeping of horses or other equine
animals:
(a) Any enclosure where an equine is primarily kept shall be of
sufficient size to enable the equine to comfortably stand up, turn
around, and lie down, and shall be kept free of excessive urine and
waste matter.
(b) Paddocks and corrals shall be of adequate size for the equine
to move about freely.
(c) Buildings, premises, and conveyances used in conjunction with
equines shall be kept free of sharp objects, protrusions, or other
materials that are likely to cause injury.
(d) Equines shall be supplied with nutritionally adequate feed and
clean water, in accordance with standards published by the
Cooperative Extension of the Division of Agricultural Sciences of the
University of California.
(e) Tack and equipment shall be appropriate and fit properly.
(f) After use the equine shall be cooled out to a normal condition
at rest.
(g) When not being ridden, a saddled equine shall have available
adequate shelter from the elements, and have loosened saddle straps
and girths.
(h) An equine shall not be available for hire or use if the equine
has any conditions that violate subdivision (b) of Section 597 or
Section 597f of the Penal Code or any of the following conditions:
(1) Sores or abrasions caused or likely to be irritated by the
surfaces of saddles, girths, harnesses, or bridles.
(2) Blindness in both eyes.
(3) Improperly or inadequately trimmed and shod feet contrary to
the standards published by the Cooperative Extension of the Division
of Agricultural Sciences of the University of California.
(i) Each equine shall be individually identified, using humane
methods, such as a detailed description, including, but not limited
to, name, breed, color, markings, size, age, sex, and photograph.
(j) Farrier and veterinary receipts shall be kept and shall
identify each equine treated.
(k) Veterinary, farrier, and feed records shall be made available
during normal business hours to the law enforcement officer. Upon
failure to provide these records, the equine or equines in question
may not be used for hire until such time as the records are produced
or an equine veterinarian shall certify that the equine or equines
are fit for labor.
SEC. 11. Section 597 of the Penal Code is amended to read:
597. (a) Except as provided in subdivision (c) of this section or
Section 599c, every person who maliciously and intentionally maims,
mutilates, tortures, or wounds a living animal, or maliciously and
intentionally kills an animal, is guilty of an offense punishable by
imprisonment in the state prison, or by a fine of not more than
twenty thousand dollars ($20,000), or by both the fine and
imprisonment, or, alternatively, by imprisonment in the county jail
for not more than one year, or by a fine of not more than twenty
thousand dollars ($20,000), or by both the fine and imprisonment.
(b) Except as otherwise provided in subdivision (a) or (c), every
person who overdrives, overloads, drives when overloaded, overworks,
tortures, torments, deprives of necessary sustenance, drink, or
shelter, cruelly beats, mutilates, or cruelly kills any animal, or
causes or procures any animal to be so overdriven, overloaded, driven
when overloaded, overworked, tortured, tormented, deprived of
necessary sustenance, drink, shelter, or to be cruelly beaten,
mutilated, or cruelly killed; and whoever, having the charge or
custody of any animal, either as owner or otherwise, subjects any
animal to needless suffering, or inflicts unnecessary cruelty upon
the animal, or in any manner abuses any animal, or fails to provide
the animal with proper food, drink, or shelter or protection from the
weather, or who drives, rides, or otherwise uses the animal when
unfit for labor, is, for every such offense, guilty of a crime
punishable as a misdemeanor or as a felony or alternatively
punishable as a misdemeanor or a felony and by a fine of not more
than twenty thousand dollars ($20,000).
(c) Every person who maliciously and intentionally maims,
mutilates, or tortures any mammal, bird, reptile, amphibian, or fish
as described in subdivision (d), is guilty of an offense punishable
by imprisonment in the state prison, or by a fine of not more than
twenty thousand dollars ($20,000), or by both the fine and
imprisonment, or, alternatively, by imprisonment in the county jail
for not more than one year, by a fine of not more than twenty
thousand dollars ($20,000), or by both the fine and imprisonment.
(d) Subdivision (c) applies to any mammal, bird, reptile,
amphibian, or fish which is a creature described as follows:
(1) Endangered species or threatened species as described in
Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code.
(2) Fully protected birds described in Section 3511 of the Fish
and Game Code.
(3) Fully protected mammals described in Chapter 8 (commencing
with Section 4700) of Part 3 of Division 4 of the Fish and Game Code.
(4) Fully protected reptiles and amphibians described in Chapter 2
(commencing with Section 5050) of Division 5 of the Fish and Game
Code.
(5) Fully protected fish as described in Section 5515 of the Fish
and Game Code.
This subdivision does not supersede or affect any provisions of
law relating to taking of the described species, including, but not
limited to, Section 12008 of the Fish and Game Code.
(e) For the purposes of subdivision (c), each act of malicious and
intentional maiming, mutilating, or torturing a separate specimen of
a creature described in subdivision (d) is a separate offense. If
any person is charged with a violation of subdivision (c), the
proceedings shall be subject to Section 12157 of the Fish and Game
Code.
(f) Upon the conviction of a person charged with a violation of
this section by causing or permitting an act of cruelty, as defined
in Section 599b, all animals lawfully seized and impounded with
respect to the violation by a peace officer , officer of a
humane society, or officer of a pound or animal regulation
department of a public agency shall be adjudged by the court to be
forfeited and shall thereupon be awarded to the impounding officer
for proper disposition. A person convicted of a violation of this
section by causing or permitting an act of cruelty, as defined in
Section 599b, shall be liable to the impounding officer for all costs
of impoundment from the time of seizure to the time of proper
disposition.
Mandatory seizure or impoundment shall not apply to animals in
properly conducted scientific experiments or investigations performed
under the authority of the faculty of a regularly incorporated
medical college or university of this state.
SEC. 12. Section 597.1 of the Penal Code is amended to read:
597.1. (a) Every owner, driver, or keeper of any animal who
permits the animal to be in any building, enclosure, lane, street,
square, or lot of any city, county, city and county, or judicial
district without proper care and attention is guilty of a
misdemeanor. Any peace officer , humane society officer,
or animal control officer shall take possession of the
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. When the officer has 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 officer
shall immediately seize the animal and comply with subdivision (f).
In all other cases, the officer shall comply with the provisions of
subdivision (g). The cost of caring for and treating any animal
properly seized under this subdivision shall constitute a lien on the
animal and the animal shall not be returned to its owner until the
charges are paid, if the seizure is upheld pursuant to this section.
(b) Every sick, disabled, infirm, or crippled animal, except a dog
or cat, which is abandoned in any city, county, city and county, or
judicial district may be killed by the officer if, after a reasonable
search, no owner of the animal can be found. It shall be the duty
of all peace officers , humane society officers,
and animal control officers to cause the animal to be killed or
rehabilitated and placed in a suitable home on information that the
animal is stray or abandoned. The officer may likewise take charge
of any animal, including a dog or cat, that by reason of lameness,
sickness, feebleness, or neglect, is unfit for the labor it is
performing, or that in any other manner is being cruelly treated, and
provide care and treatment for the animal until it is deemed to be
in a suitable condition to be returned to the owner. When the
officer has reasonable grounds to believe that very prompt action is
required to protect the health or safety of an animal or the health
or safety of others, the officer shall immediately seize the animal
and comply with subdivision (f). In all other cases, the officer
shall comply with subdivision (g). The cost of caring for and
treating any animal properly seized under this subdivision shall
constitute a lien on the animal and the animal shall not be returned
to its owner until the charges are paid.
(c) Any peace officer , humane society officer,
or animal control officer shall convey all injured cats and dogs
found without their owners in a public place directly to a
veterinarian known by the officer to be 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.
If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal. If the animal is treated and recovers from
its injuries, the veterinarian may keep the animal for purposes of
adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.
Whenever any animal is transferred to a veterinarian in a clinic,
such as an emergency clinic which is not in continuous operation, the
veterinarian may, in turn, transfer the animal to an appropriate
facility.
If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services which are provided pending the owner's inquiry
to the responsible agency , or
department , or society shall be paid from the dog
license fees, fines, and fees for impounding dogs in the city,
county, or city and county in which the animal was licensed or, if
the animal is unlicensed, shall be paid by the jurisdiction in which
the animal was found, subject to the provision that this cost be
repaid by the animal's owner. The cost of caring for and treating
any animal seized under this subdivision shall constitute a lien on
the animal and the animal shall not be returned to the owner until
the charges are paid. No veterinarian shall be criminally or civilly
liable for any decision which he or she makes or for services which
he or she provides pursuant to this subdivision.
(d) An animal control agency which takes possession of an animal
pursuant to subdivision (c) shall keep records of the whereabouts of
the animal for a 72-hour period from the time of possession, and
those records shall be available for inspection by the public upon
request.
(e) Notwithstanding any other provision of this section, 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
dispose of the animal.
(f) Whenever an officer authorized under this section seizes or
impounds an animal based on a reasonable belief that prompt action is
required to protect the health or safety of the animal or the health
or safety of others, the officer shall, prior to the commencement of
any criminal proceedings authorized by this section, 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.
(1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
of the seizure or impoundment, or both, to the owner or keeper within
48 hours, excluding weekends and holidays. The notice shall include
all of the following:
(A) The name, business address, and telephone number of the
officer providing the notice.
(B) A description of the animal seized, including any
identification upon the animal.
(C) The authority and purpose for the seizure, or impoundment,
including the time, place, and circumstances under which the animal
was seized.
(D) A statement that, in order to receive a postseizure hearing,
the owner or person authorized to keep the animal, or his or her
agent, shall request the hearing by signing and returning an enclosed
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. The declaration may be returned by
personal delivery or mail.
(E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal and
that the animal shall not be returned to the owner until the charges
are paid, and that failure to request or to attend a scheduled
hearing shall result in liability for this cost.
(2) The postseizure hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The seizing agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the seizure or
impoundment of the animal and is not junior in rank to that person.
The agency may utilize the services of a hearing officer from outside
the agency for the purposes of complying with this section.
(3) 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.
(4) The agency , or department
, or society employing the person who directed the
seizure shall be responsible for the costs incurred for caring and
treating the animal, if it is determined in the postseizure hearing
that the seizing officer did not have reasonable grounds to believe
very prompt action, including seizure of the animal, was required to
protect the health or safety of the animal or the health or safety of
others. If it is determined the seizure was justified, the owner or
keeper shall be personally liable to the seizing agency for the cost
of the seizure and care of the animal, the charges for the seizure
and care of the animal shall be a lien on the animal, and the animal
shall not be returned to its owner until the charges are paid and the
seizing agency or hearing officer has determined that the animal is
physically fit or the owner demonstrates to the seizing agency's or
the hearing officer's satisfaction that the owner can and will
provide the necessary care.
(g) Where the need for immediate seizure is not present and prior
to the commencement of any criminal proceedings authorized by this
section, the agency shall provide the owner or keeper of the animal,
if known or ascertainable after reasonable investigation, with the
opportunity for a hearing prior to any seizure or impoundment of the
animal. The owner shall produce the animal at the time of the
hearing unless, prior to the hearing, the owner has made arrangements
with the agency to view the animal upon request of the agency, or
unless the owner can provide verification that the animal was
humanely destroyed. Any person who willfully fails to produce the
animal or provide the verification is guilty of an infraction,
punishable by a fine of not less than two hundred fifty dollars
($250) nor more than one thousand dollars ($1,000).
(1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
stating the grounds for believing the animal should be seized under
subdivision (a) or (b). The notice shall include all of the
following:
(A) The name, business address, and telephone number of the
officer providing the notice.
(B) A description of the animal to be seized, including any
identification upon the animal.
(C) The authority and purpose for the possible seizure or
impoundment.
(D) A statement that, in order to receive a hearing prior to any
seizure, the owner or person authorized to keep the animal, or his or
her agent, shall request the hearing by signing and returning the
enclosed declaration of ownership or right to keep the animal to the
officer providing the notice within two days, excluding weekends and
holidays, of the date of the notice.
(E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal,
that any animal seized shall not be returned to the owner until the
charges are paid, and that failure to request or to attend a
scheduled hearing shall result in a conclusive determination that the
animal may properly be seized and that the owner shall be liable for
the charges.
(2) The preseizure hearing shall be conducted within 48 hours,
excluding weekends and holidays, after receipt of the request. The
seizing agency may authorize its own officer or employee to conduct
the hearing if the hearing officer is not the same person who
requests the seizure or impoundment of the animal and is not junior
in rank to that person. The agency may utilize the services of a
hearing officer from outside the agency for the purposes of complying
with this section.
(3) Failure of the owner or keeper, or his or her agent, to
request or to attend a scheduled 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.
(4) The hearing officer, after the 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 animal for care and treatment.
(h) If any animal is properly seized under this section, the owner
or keeper shall be personally liable to the seizing agency for the
cost of the seizure and care of the animal. Furthermore, if the
charges for the seizure or impoundment and any other charges
permitted under this section 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 impounding officer.
(i) 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 impounding officer. 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. A
veterinarian also may immediately humanely destroy an impounded
animal afflicted with a serious contagious disease unless the owner
or his or her agent immediately authorizes treatment of the animal by
a veterinarian at the expense of the owner or agent.
(j) No animal properly seized under this section shall be returned
to its owner until, in the determination of the seizing agency or
hearing officer, the animal is physically fit or the owner can
demonstrate to the seizing agency's or hearing officer's satisfaction
that the owner can and will provide the necessary care.
(k) Upon the conviction of a person charged with a violation of
this section, all animals lawfully seized and impounded with respect
to the violation shall be adjudged by the court to be forfeited and
shall thereupon be transferred to the impounding officer for proper
disposition. A person convicted of a violation of this section shall
be personally liable to the seizing agency for all costs of
impoundment from the time of seizure to the time of proper
disposition. This section shall not prohibit the seizure or
impoundment of animals as evidence as provided for under any other
provision of law.
(lThis section shall be operative in a public agency or a
humane society under the jurisdiction of the public agency, or both,
only if the governing body of that public agency, by
ordinance or resolution, determines that this section shall be
operative in the public agency or the humane society
and that Section 597f shall not be operative.
SEC. 13. Section 597d of the Penal Code is amended to read:
597d. Any sheriff, constable, police, or peace officer ,
or officer qualified as provided in Section 607f of the Civil Code,
may enter any place, building, or tenement, where there is
an exhibition of the fighting of birds or animals, or where
preparations are being made for such an exhibition, and, without a
warrant, arrest all persons present.
SEC. 14. Section 597f of the Penal Code is amended to read:
597f. (a) Every owner, driver, or possessor of any animal, who
permits the animal to be in any building, enclosure, lane, street,
square, or lot, of any city, city and county, or judicial district,
without proper care and attention, shall, on conviction, be deemed
guilty of a misdemeanor. And it shall be the duty of any peace
officer , officer of the humane society, or
officer of a pound or animal regulation department of a public
agency, to take possession of the animal so abandoned or neglected
and care for the animal until it is redeemed by the owner or
claimant, and the cost of caring for the animal shall be a lien on
the animal until the charges are paid. Every sick, disabled, infirm,
or crippled animal, except a dog or cat, which shall be abandoned in
any city, city and county, or judicial district, may, if after due
search no owner can be found therefor, be killed by the officer; and
it shall be the duty of all peace officers , an officer of
such society, or officer of a pound or animal regulation
department of a public agency to cause the animal to be killed on
information of such abandonment. The officer may likewise take
charge of any animal, including a dog or cat, that by reason of
lameness, sickness, feebleness, or neglect, is unfit for the labor it
is performing, or that in any other manner is being cruelly treated;
and, if the animal is not then in the custody of its owner, the
officer shall give notice thereof to the owner, if known, and may
provide suitable care for the animal until it is deemed to be in a
suitable condition to be delivered to the owner, and any necessary
expenses which may be incurred for taking care of and keeping the
animal shall be a lien thereon, to be paid before the animal can be
lawfully recovered.
(b) It shall be the duty of all officers of pounds or
humane societies, and animal regulation departments of
public agencies to convey, and for police and sheriff departments, to
cause to be conveyed all injured cats and dogs found without their
owners in a public place directly to a veterinarian known by the
officer or agency to be a veterinarian that 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.
If the owner does not redeem the animal 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 animal for purposes
of adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.
Whenever any animal is transferred pursuant to this subdivision to
a veterinarian in a clinic, such as an emergency clinic which is not
in continuous operation, the veterinarian may, in turn, transfer the
animal to an appropriate facility.
If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services which are provided pending the owner's inquiry
to the agency , or department
, or society shall be paid from the dog license fees,
fines, and fees for impounding dogs in the city, county, or city and
county in which the animal was licensed or if the animal is
unlicensed the jurisdiction in which the animal was found, subject to
the provision that this cost be repaid by the animal's owner. No
veterinarian shall be criminally or civilly liable for any decision
which he or she makes or services which he or she provides pursuant
to this section.
(c) An animal control agency which takes possession of an animal
pursuant to subdivision (b), shall keep records of the whereabouts of
the animal for a 72-hour period from the time of possession and
those records shall be available to inspection by the public upon
request.
(d) Notwithstanding any other provisions of this section, any
officer of a pound or animal regulation department or humane
society , or any officer of a police or sheriff's
department may, with the approval of his or her immediate superior,
humanely destroy any 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 dispose of the animal.
SEC. 15. Section 597u of the Penal Code is amended to read:
597u. No person, peace officer, officer of a humane
society, or officer of a pound or animal regulation
department of a public agency shall kill any dog or cat by the use of
carbon monoxide gas unless all of the following are satisfied:
(a) The carbon monoxide gas chamber is equipped with internal
lighting and viewport providing direct visual surveillance of the
collapse and death of any dog or cat within the chamber.
(b) The gas generation process is adequate to achieve a carbon
monoxide gas concentration throughout the chamber of at least 5
percent within 20 minutes after any dog or cat is placed in the
chamber.
(c) If chemical generation through the use of sodium formate and
sulfuric acid is used, the generated carbon monoxide gas has the
irritating acid vapors filtered out by passing it through a 10
percent solution of sodium hydroxide prior to its entry into the
carbon monoxide gas chamber.
(d) If carbon monoxide gas generation is by combustion of gasoline
in an engine, all of the following shall be satisfied:
(1) The engine is maintained in good operating condition.
(2) The engine is operated only at idling speed with the richest
fuel-air mixture the choke permits.
(3) Prior to entry into the chamber, the exhaust gas is cooled so
that it does not exceed 125 Fahrenheit.
(4) The chamber is equipped with accurate temperature gauges
monitored by attendants to assure that internal temperature of the
chamber does not exceed 110 Fahrenheit.
(5) Prior to its entry into the lethal chamber the exhaust gas is
first passed through an adequate water filtration process and
subsequently through a cloth filtration process to remove irritants
and carbon particles.
(6) The noise level from the engine shall not exceed 70 dBA when
measured within the chamber.
(7) A flexible tubing or pipe at least 24 inches in length shall
be placed between the chamber and the engine to minimize vibrations.
(e) Any dog or cat not covered by Section 597v is placed in an
individual container or compartment of the carbon monoxide chamber,
except dogs or cats from the same litter and their parents may be
placed in the same container or compartment.
(f) The carbon monoxide gas chamber and its compartments shall be
cleaned thoroughly after every cycle of operation.
SEC. 16. Section 597v of the Penal Code is amended to read:
597v. No person, peace officer, officer of a humane
society, or officer of a pound or animal regulation
department of a public agency shall kill any newborn dog or cat whose
eyes have not yet opened by any other method than by the use of
chloroform vapor or gas or by inoculation of barbiturates.
SEC. 17. Section 597w of the Penal Code is amended to read:
597w. No person, peace officer, officer of a humane
society, or officer of a pound or animal regulation
department of a public agency shall kill any dog or cat by the use of
any high-altitude decompression chamber or nitrogen gas.
SEC. 18. Section 597z of the Penal Code is amended to read:
597z. A humane officer appointed under Section 607f of
the Civil Code or the The State Sealer may enter
any facility utilizing a carbon monoxide gas chamber for the purpose
of inspecting the operation of such facility to determine whether
there is compliance with Section 597u.
SEC. 19. Section 11165.16 of the Penal Code is amended to read:
11165.16. (a) For the purposes of this article, the
following terms have the following meanings:
(1) "Animal control officer" means any person employed
by a city, county, or city and county for the purpose of enforcing
animal control laws or regulations.
(2) "Humane society officer" means any person appointed or
employed by a public or private entity as a humane officer who is
qualified pursuant to Section 607f or 607g of the Civil Code.
(b) No firefighter , or animal
control officer , or humane society officer shall
be subject to the reporting requirements of this article unless he or
she has received training in identification and reporting of child
abuse equivalent to that received by teachers and child care
custodians.
SEC. 20. Section 11166 of the Penal Code is amended to read:
11166. (a) Except as provided in subdivision (b), any child care
custodian, health practitioner, employee of a child protective
agency, child visitation monitor, firefighter, or animal
control officer , or humane society officer who
has knowledge of or observes a child, in his or her professional
capacity or within the scope of his or her employment, whom he or she
knows or reasonably suspects has been the victim of child abuse,
shall report the known or suspected instance of child abuse to a
child protective agency immediately or as soon as practically
possible by telephone and shall prepare and send a written report
thereof within 36 hours of receiving the information concerning the
incident. A child protective agency shall be notified and a report
shall be prepared and sent even if the child has expired, regardless
of whether or not the possible abuse was a factor contributing to the
death, and even if suspected child abuse was discovered during an
autopsy. For the purposes of this article, "reasonable suspicion"
means that it is objectively reasonable for a person to entertain a
suspicion, based upon facts that could cause a reasonable person in a
like position, drawing when appropriate on his or her training and
experience, to suspect child abuse. For the purpose of this article,
the pregnancy of a minor does not, in and of itself, constitute a
basis of reasonable suspicion of sexual abuse.
(b) Any child care custodian, health practitioner, employee of a
child protective agency, child visitation monitor, firefighter,
or animal control officer , or humane society officer
who has knowledge of or who reasonably suspects that mental
suffering has been inflicted upon a child or that his or her
emotional well-being is endangered in any other way, may report the
known or suspected instance of child abuse to a child protective
agency.
(c) Any commercial film and photographic print processor who has
knowledge of or observes, within the scope of his or her professional
capacity or employment, any film, photograph, videotape, negative,
or slide depicting a child under the age of 14 years engaged in an
act of sexual conduct, shall report the instance of suspected child
abuse to the law enforcement agency having jurisdiction over the case
immediately, or as soon as practically possible, by telephone, and
shall prepare and send a written report of it with a copy of the
film, photograph, videotape, negative, or slide attached within 36
hours of receiving the information concerning the incident. As used
in this subdivision, "sexual conduct" means any of the following:
(1) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.
(2) Penetration of the vagina or rectum by any object.
(3) Masturbation for the purpose of sexual stimulation of the
viewer.
(4) Sadomasochistic abuse for the purpose of sexual stimulation of
the viewer.
(5) Exhibition of the genitals, pubic, or rectal areas of any
person for the purpose of sexual stimulation of the viewer.
(d) Any other person who has knowledge of or observes a child whom
he or she knows or reasonably suspects has been a victim of child
abuse may report the known or suspected instance of child abuse to a
child protective agency.
(e) When two or more persons who are required to report are
present and jointly have knowledge of a known or suspected instance
of child abuse, and when there is agreement among them, the telephone
report may be made by a member of the team selected by mutual
agreement and a single report may be made and signed by the selected
member of the reporting team. Any member who has knowledge that the
member designated to report has failed to do so shall thereafter make
the report.
(f) The reporting duties under this section are individual, and no
supervisor or administrator may impede or inhibit the reporting
duties, and no person making a report shall be subject to any
sanction for making the report. However, internal procedures to
facilitate reporting and apprise supervisors and administrators of
reports may be established provided that they are not inconsistent
with this article.
The internal procedures shall not require any employee required to
make reports pursuant to this article to disclose his or her
identity to the employer.
(g) A county probation or welfare department shall immediately, or
as soon as practically possible, report by telephone to the law
enforcement agency having jurisdiction over the case, to the agency
given the responsibility for investigation of cases under Section 300
of the Welfare and Institutions Code, and to the district attorney's
office every known or suspected instance of child abuse, as defined
in Section 11165.6, except acts or omissions coming within
subdivision (b) of Section 11165.2, or reports made pursuant to
Section 11165.13 based on risk to a child which relates solely to the
inability of the parent to provide the child with regular care due
to the parent's substance abuse, which shall be reported only to the
county welfare department. A county probation or welfare department
also shall send a written report thereof within 36 hours of receiving
the information concerning the incident to any agency to which it is
required to make a telephone report under this subdivision.
A law enforcement agency shall immediately, or as soon as
practically possible, report by telephone to the agency given
responsibility for investigation of cases under Section 300 of the
Welfare and Institutions Code and to the district attorney's office
every known or suspected instance of child abuse reported to it,
except acts or omissions coming within subdivision (b) of Section
11165.2, which shall be reported only to the county welfare
department. A law enforcement agency shall report to the county
welfare department every known or suspected instance of child abuse
reported to it which is alleged to have occurred as a result of the
action of a person responsible for the child's welfare, or as the
result of the failure of a person responsible for the child's welfare
to adequately protect the minor from abuse when the person
responsible for the child's welfare knew or reasonably should have
known that the minor was in danger of abuse. A law enforcement
agency also shall send a written report thereof within 36 hours of
receiving the information concerning the incident to any agency to
which it is required to make a telephone report under this
subdivision.
SEC. 21. Section 11166.5 of the Penal Code is amended to read:
11166.5. (a) On and after January 1, 1985, any person who enters
into employment as a child care custodian, health practitioner,
firefighter, or animal control officer, or humane
society officer, or with a child protective agency, prior
to commencing his or her employment, and as a prerequisite to that
employment, shall sign a statement on a form provided to him or her
by his or her employer to the effect that he or she has knowledge of
the provisions of Section 11166 and will comply with those
provisions.
On and after January 1, 1993, any person who acts as a child
visitation monitor, as defined in Section 11165.15, prior to engaging
in monitoring the first visit in a case, shall sign a statement on a
form provided to him or her by the court which ordered the presence
of that third person during the visit, to the effect that he or she
has knowledge of the provisions of Section 11166 and will comply with
those provisions.
The statement shall include all of the following provisions:
Section 11166 of the Penal Code requires any child care custodian,
health practitioner, firefighter, or animal control
officer, or humane society officer, employee of a
child protective agency, or child visitation monitor who has
knowledge of, or observes, a child in his or her professional
capacity or within the scope of his or her employment whom he or she
knows or reasonably suspects has been the victim of child abuse to
report the known or suspected instance of child abuse to a child
protective agency immediately, or as soon as practically possible, by
telephone and to prepare and send a written report thereof within 36
hours of receiving the information concerning the incident.
"Child care custodian" includes teachers; an instructional aide, a
teacher's aide, or a teacher's assistant employed by any public or
private school, who has been trained in the duties imposed by this
article, if the school district has so warranted to the State
Department of Education; a classified employee of any public school
who has been trained in the duties imposed by this article, if the
school has so warranted to the State Department of Education;
administrative officers, supervisors of child welfare and attendance,
or certificated pupil personnel employees of any public or private
school; administrators of a public or private day camp;
administrators and employees of public or private youth centers,
youth recreation programs, or youth organizations; administrators and
employees of public or private organizations whose duties require
direct contact and supervision of children and who have been trained
in the duties imposed by this article; licensees, administrators, and
employees of licensed community care or child day care facilities;
headstart teachers; licensing workers or licensing evaluators; public
assistance workers; employees of a child care institution including,
but not limited to, foster parents, group home personnel, and
personnel of residential care facilities; social workers, probation
officers, or parole officers; employees of a school district police
or security department; any person who is an administrator or a
presenter of, or a counselor in, a child abuse prevention program in
any public or private school; a district attorney investigator,
inspector, or family support officer unless the investigator,
inspector, or officer is working with an attorney appointed pursuant
to Section 317 of the Welfare and Institutions Code to represent a
minor; or a peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of this code, who is not otherwise
described in this section.
"Health practitioner" includes physicians and surgeons,
psychiatrists, psychologists, dentists, residents, interns,
podiatrists, chiropractors, licensed nurses, dental hygienists,
optometrists, or any other person who is licensed under Division 2
(commencing with Section 500) of the Business and Professions Code;
marriage, family, and child counselors; emergency medical technicians
I or II, paramedics, or other persons certified pursuant to Division
2.5 (commencing with Section 1797) of the Health and Safety Code;
psychological assistants registered pursuant to Section 2913 of the
Business and Professions Code; marriage, family, and child counselor
trainees as defined in subdivision (c) of Section 4980.03 of the
Business and Professions Code; unlicensed marriage, family, and child
counselor interns registered under Section 4980.44 of the Business
and Professions Code; state or county public health employees who
treat minors for venereal disease or any other condition; coroners;
paramedics; and religious practitioners who diagnose, examine, or
treat children.
"Child visitation monitor" means any person as defined in Section
11165.15.
The signed statements shall be retained by the employer or the
court, as the case may be. The cost of printing, distribution, and
filing of these statements shall be borne by the employer or the
court.
This subdivision is not applicable to persons employed by child
protective agencies, public or private youth centers, youth
recreation programs, and youth organizations as members of the
support staff or maintenance staff and who do not work with, observe,
or have knowledge of children as part of their official duties.
(b) On and after January 1, 1986, when a person is issued a state
license or certificate to engage in a profession or occupation, the
members of which are required to make a report pursuant to Section
11166, the state agency issuing the license or certificate shall send
a statement substantially similar to the one contained in
subdivision (a) to the person at the same time as it transmits the
document indicating licensure or certification to the person. In
addition to the requirements contained in subdivision (a), the
statement also shall indicate that failure to comply with the
requirements of Section 11166 is a misdemeanor, punishable by up to
six months in a county jail, by a fine of one thousand dollars
($1,000), or by both that imprisonment and fine.
(c) As an alternative to the procedure required by subdivision
(b), a state agency may cause the required statement to be printed on
all application forms for a license or certificate printed on or
after January 1, 1986.
(d) On and after January 1, 1993, any child visitation monitor, as
defined in Section 11165.15, who desires to act in that capacity
shall have received training in the duties imposed by this article,
including training in child abuse identification and child abuse
reporting. The person, prior to engaging in monitoring the first
visit in a case, shall sign a statement on a form provided to him or
her by the court which ordered the presence of that third person
during the visit, to the effect that he or she has received this
training. This statement may be included in the statement required
by subdivision (a) or it may be a separate statement. This statement
shall be filed, along with the statement required by subdivision
(a), in the court file of the case for which the visitation
monitoring is being provided.
SEC. 22. Section 11172 of the Penal Code is amended to read:
11172. (a) No child care custodian, health practitioner,
firefighter, animal control officer, humane society officer,
employee of a child protective agency, child visitation
monitor, or commercial film and photographic print processor who
reports a known or suspected instance of child abuse shall be civilly
or criminally liable for any report required or authorized by this
article. Any other person reporting a known or suspected instance of
child abuse shall not incur civil or criminal liability as a result
of any report authorized by this article unless it can be proven that
a false report was made and the person knew that the report was
false or was made with reckless disregard of the truth or falsity of
the report, and any such person who makes a report of child abuse
known to be false or with reckless disregard of the truth or falsity
of the report is liable for any damages caused. No person required
to make a report pursuant to this article, nor any person taking
photographs at his or her direction, shall incur any civil or
criminal liability for taking photographs of a suspected victim of
child abuse, or causing photographs to be taken of a suspected victim
of child abuse, without parental consent, or for disseminating the
photographs with the reports
required by this article. However, this section shall not be
construed to grant immunity from this liability with respect to any
other use of the photographs.
(b) Any child care custodian, health practitioner, firefighter,
animal control officer, humane society officer,
employee of a child protective agency, or child visitation monitor
who, pursuant to a request from a child protective agency, provides
the requesting agency with access to the victim of a known or
suspected instance of child abuse shall not incur civil or criminal
liability as a result of providing that access.
(c) The Legislature finds that even though it has provided
immunity from liability to persons required to report child abuse,
that immunity does not eliminate the possibility that actions may be
brought against those persons based upon required reports of child
abuse. In order to further limit the financial hardship that those
persons may incur as a result of fulfilling their legal
responsibilities, it is necessary that they not be unfairly burdened
by legal fees incurred in defending those actions. Therefore, a
child care custodian, health practitioner, firefighter, animal
control officer, humane society officer, employee
of a child protective agency, child visitation monitor, or commercial
film and photographic print processor may present a claim to the
State Board of Control for reasonable attorneys' fees incurred in any
action against that person on the basis of making a report required
or authorized by this article if the court has dismissed the action
upon a demurrer or motion for summary judgment made by that person,
or if he or she prevails in the action. The State Board of Control
shall allow that claim if the requirements of this subdivision are
met, and the claim shall be paid from an appropriation to be made for
that purpose. Attorneys' fees awarded pursuant to this section
shall not exceed an hourly rate greater than the rate charged by the
Attorney General of the State of California at the time the award is
made and shall not exceed an aggregate amount of fifty thousand
dollars ($50,000).
This subdivision shall not apply if a public entity has provided
for the defense of the action pursuant to Section 995 of the
Government Code.
(d) A court may award attorney's fees to a commercial film and
photographic print processor when a suit is brought against the
processor because of a disclosure mandated by this article and the
court finds this suit to be frivolous.
(e) Any person who fails to report an instance of child abuse
which he or she knows to exist, or reasonably should know to exist,
as required by this article, is guilty of a misdemeanor, punishable
by confinement in a county jail for a term not to exceed six months,
by a fine of not more than one thousand dollars ($1,000), or by both
that imprisonment and fine.
SEC. 23. Section 12031 of the Penal Code is amended to read:
12031. (a) (1) Every person who carries a loaded firearm on his or
her person or in a vehicle while in any public place or on any
public street in an incorporated city or in any public place or on
any public street in a prohibited area of unincorporated territory is
guilty of a misdemeanor.
(2) Notwithstanding paragraphs (2) and (3) of subdivision (a) of
Section 836, a peace officer may make an arrest without a warrant:
(A) When the person arrested has violated this section, although
not in the officer's presence.
(B) Whenever the officer has reasonable cause to believe that the
person to be arrested has violated this section, whether or not this
section has, in fact, been violated.
(3) (A) Every person convicted under this section who has
previously been convicted of an offense enumerated in Section
12001.6, or of any crime made punishable under this chapter, shall
serve a term of at least three months in a county jail, or, if
granted probation, or if the execution or imposition of sentence is
suspended, it shall be a condition thereof that he or she be
imprisoned for a period of at least three months.
(B) The court shall apply the three-month minimum sentence except
in unusual cases where the interests of justice would best be served
by granting probation or suspending the imposition or execution of
sentence without the minimum imprisonment required in this
subdivision or by granting probation or suspending the imposition or
execution of sentence with conditions other than those set forth in
this subdivision, in which case, the court shall specify on the
record and shall enter on the minutes the circumstances indicating
that the interests of justice would best be served by that
disposition.
(b) Subdivision (a) shall not apply to any of the following:
(1) Peace officers listed in Section 830.1 or 830.2, whether
active or honorably retired, other duly appointed peace officers,
honorably retired peace officers listed in subdivision (c) of Section
830.5, other honorably retired peace officers who during the course
and scope of their employment as peace officers were authorized to,
and did, carry firearms, full-time paid peace officers of other
states and the federal government who are carrying out official
duties while in California, or any person summoned by any of those
officers to assist in making arrests or preserving the peace while
the person is actually engaged in assisting that officer. Any peace
officer described in this paragraph who has been honorably retired
shall be issued an identification certificate by the law enforcement
agency from which the officer has retired. The issuing agency may
charge a fee necessary to cover any reasonable expenses incurred by
the agency in issuing certificates pursuant to this paragraph and
paragraph (3).
Any officer, except an officer listed in Section 830.1, 830.2, or
subdivision (c) of Section 830.5 who retired prior to January 1,
1981, shall have an endorsement on the identification certificate
stating that the issuing agency approves the officer's carrying of a
loaded firearm.
No endorsement or renewal endorsement issued pursuant to paragraph
(2) shall be effective unless it is in the format set forth in
subparagraph (D) of paragraph (1) of subdivision (a) of Section
12027, except that any peace officer listed in subdivision (f) of
Section 830.2 or in subdivision (c) of Section 830.5, who is retired
between January 2, 1981, and on or before December 31, 1988, and who
is authorized to carry a loaded firearm pursuant to this section,
shall not be required to have an endorsement in the format set forth
in subparagraph (D) of paragraph (1) of subdivision (a) of Section
12027 until the time of the issuance, on or after January 1, 1989, of
a renewal endorsement pursuant to paragraph (2).
(2) A retired peace officer, except an officer listed in Section
830.1, 830.2, or subdivision (c) of Section 830.5 who retired prior
to January 1, 1981, shall petition the issuing agency for renewal of
his or her privilege to carry a loaded firearm every five years. An
honorably retired peace officer listed in Section 830.1 or 830.2 or
subdivision (c) of Section 830.5 who retired prior to January 1,
1981, shall not be required to obtain an endorsement from the issuing
agency to carry a loaded firearm. The agency from which a peace
officer is honorably retired may, upon initial retirement of the
peace officer, or at any time subsequent thereto, deny or revoke, for
good cause, the retired officer's privilege to carry a loaded
firearm. A peace officer who is listed in Section 830.1 or 830.2 or
subdivision (c) of Section 830.5 who is retired prior to January 1,
1981, shall have his or her privilege to carry a loaded firearm
denied or revoked by having the agency from which the officer retired
stamp on the officer's identification certificate "No CCW privilege."
(3) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry loaded
firearms by this subdivision shall meet the training requirements of
Section 832 and shall qualify with the firearm at least annually.
The individual retired peace officer shall be responsible for
maintaining his or her eligibility to carry a loaded firearm. The
Department of Justice shall provide subsequent arrest notification
pursuant to Section 11105.2 regarding honorably retired peace
officers listed in subdivision (c) of Section 830.5 to the agency
from which the officer has retired.
(4) Members of the military forces of this state or of the United
States engaged in the performance of their duties.
(5) Persons who are using target ranges for the purpose of
practice shooting with a firearm or who are members of shooting clubs
while hunting on the premises of those clubs.
(6) The carrying of pistols, revolvers, or other firearms capable
of being concealed upon the person by persons who are authorized to
carry those weapons pursuant to Article 3 (commencing with Section
12050) of Chapter 1 of Title 2 of Part 4.
(7) Armored vehicle guards, as defined in Section 7521 of the
Business and Professions Code, (A) if hired prior to January 1, 1977;
or (B) if hired on or after that date, if they have received a
firearms qualification card from the Department of Consumer Affairs,
in each case while acting within the course and scope of their
employment.
(8) Upon approval of the sheriff of the county in which they
reside, honorably retired federal officers or agents of federal law
enforcement agencies, including, but not limited to, the Federal
Bureau of Investigation, the Secret Service, the United States
Customs Service, the Federal Bureau of Alcohol, Tobacco, and
Firearms, the Federal Bureau of Narcotics, the Drug Enforcement
Administration, the United States Border Patrol, and officers or
agents of the Internal Revenue Service who were authorized to carry
weapons while on duty, who were assigned to duty within the state for
a period of not less than one year, or who retired from active
service in the state.
Retired federal officers or agents shall provide the sheriff with
certification from the agency from which they retired certifying
their service in the state, the nature of their retirement, and
indicating the agency's concurrence that the retired federal officer
or agent should be accorded the privilege of carrying a loaded
firearm.
Upon approval, the sheriff shall issue a permit to the retired
federal officer or agent indicating that he or she may carry a loaded
firearm in accordance with this paragraph. The permit shall be
valid for a period not exceeding five years, shall be carried by the
retiree while carrying a loaded firearm, and may be revoked for good
cause.
The sheriff of the county in which the retired federal officer or
agent resides may require recertification prior to a permit renewal,
and may suspend the privilege for cause. The sheriff may charge a
fee necessary to cover any reasonable expenses incurred by the
county.
(c) Subdivision (a) shall not apply to any of the following who
have completed a regular course in firearms training approved by the
Commission on Peace Officer Standards and Training:
(1) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter who also, under the express terms of the
charter, (A) are subject to suspension or dismissal after a hearing
on charges duly filed with the commission after a fair and impartial
trial, (B) are not less than 18 years of age or more than 40 years of
age, (C) possess physical qualifications prescribed by the
commission, and (D) are designated by the police commission as the
owners of a certain beat or territory as may be fixed from time to
time by the police commission.
(2) The carrying of weapons by animal control officers or
zookeepers, regularly compensated as such by a governmental agency
when acting in the course and scope of their employment and when
designated by a local ordinance or, if the governmental agency is not
authorized to act by ordinance, by a resolution, either individually
or by class, to carry the weapons, or by persons who are
authorized to carry the weapons pursuant to Section 607f of the Civil
Code, while actually engaged in the performance of their
duties pursuant to that section.
(3) Harbor police officers designated pursuant to Section 663.5 of
the Harbors and Navigation Code.
(d) Subdivision (a) shall not apply to any of the following who
have been issued a certificate pursuant to Section 12033. The
certificate shall not be required of any person who is a peace
officer, who has completed all training required by law for the
exercise of his or her power as a peace officer, and who is employed
while not on duty as a peace officer.
(1) Guards or messengers of common carriers, banks, and other
financial institutions while actually employed in and about the
shipment, transportation, or delivery of any money, treasure,
bullion, bonds, or other thing of value within this state.
(2) Guards of contract carriers operating armored vehicles
pursuant to California Highway Patrol and Public Utilities Commission
authority (A) if hired prior to January 1, 1977; or (B) if hired on
or after January 1, 1977, if they have completed a course in the
carrying and use of firearms which meets the standards prescribed by
the Department of Consumer Affairs.
(3) Private investigators and private patrol operators who are
licensed pursuant to Chapter 11.5 (commencing with Section 7512) of,
and alarm company operators who are licensed pursuant to Chapter 11.6
(commencing with Section 7590) of, Division 3 of the Business and
Professions Code, while acting within the course and scope of their
employment.
(4) Uniformed security guards or night watch persons employed by
any public agency, while acting within the scope and course of their
employment.
(5) Uniformed security guards, regularly employed and compensated
in that capacity by persons engaged in any lawful business, and
uniformed alarm agents employed by an alarm company operator, while
actually engaged in protecting and preserving the property of their
employers or on duty or en route to or from their residences or their
places of employment, and security guards and alarm agents en route
to or from their residences or employer-required range training.
Nothing in this paragraph shall be construed to prohibit cities and
counties from enacting ordinances requiring alarm agents to register
their names.
(6) Uniformed employees of private patrol operators and private
investigators licensed pursuant to Chapter 11.5 (commencing with
Section 7512) of Division 3 of the Business and Professions Code,
while acting within the course and scope of their employment.
(e) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.
(f) As used in this section, "prohibited area" means any place
where it is unlawful to discharge a weapon.
(g) A firearm shall be deemed to be loaded for the purposes of
this section when there is an unexpended cartridge or shell,
consisting of a case which holds a charge of powder and a bullet or
shot, in, or attached in any manner to, the firearm, including, but
not limited to, in the firing chamber, magazine, or clip thereof
attached to the firearm; except that a muzzle-loader firearm shall be
deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder.
(h) Nothing in this section shall prevent any person engaged in
any lawful business, including a nonprofit organization, or any
officer, employee, or agent authorized by that person for lawful
purposes connected with that business, from having a loaded firearm
within the person's place of business, or any person in lawful
possession of private property from having a loaded firearm on that
property.
(i) Nothing in this section shall prevent any person from carrying
a loaded firearm in an area within an incorporated city while
engaged in hunting, provided that the hunting at that place and time
is not prohibited by the city council.
(j) (1) Nothing in this section is intended to preclude the
carrying of any loaded firearm, under circumstances where it would
otherwise be lawful, by a person who reasonably believes that the
person or property of himself or herself or of another is in
immediate, grave danger and that the carrying of the weapon is
necessary for the preservation of that person or property. As used
in this subdivision, "immediate" means the brief interval before and
after the local law enforcement agency, when reasonably possible, has
been notified of the danger and before the arrival of its
assistance.
(2) A violation of this section is justifiable when a person who
possesses a firearm reasonably believes that he or she is in grave
danger because of circumstances forming the basis of a current
restraining order issued by a court against another person or persons
who has or have been found to pose a threat to his or her life or
safety. This paragraph may not apply when the circumstances involve
a mutual restraining order issued pursuant to Division 10 (commencing
with Section 6200) of the Family Code absent a factual finding of a
specific threat to the person's life or safety. It is not the intent
of the Legislature to limit, restrict, or narrow the application of
current statutory or judicial authority to apply this or other
justifications to defendants charged with violating Section 12025 or
of committing other similar offenses.
Upon trial for violating this section, the trier of fact shall
determine whether the defendant was acting out of a reasonable belief
that he or she was in grave danger.
(k) Nothing in this section is intended to preclude the carrying
of a loaded firearm by any person while engaged in the act of making
or attempting to make a lawful arrest.
(lNothing in this section shall prevent any person from having a
loaded weapon, if it is otherwise lawful, at his or her place of
residence, including any temporary residence or campsite.
SEC. 24. Section 12583 of the Penal Code is amended to read:
12583. Nothing in this article shall prohibit the sale to,
purchase by, possession of, or use of blowguns or blowgun ammunition
by zookeepers, animal control officers, Department of Fish and Game
personnel, humane officers whose names are maintained in the
county record of humane officers pursuant to Section 607f of the
Civil Code, or veterinarians in the course and scope of
their business in order to administer medicine to animals.