BILL NUMBER: SB 1785	CHAPTERED
	BILL TEXT

	CHAPTER   752
	FILED WITH SECRETARY OF STATE   SEPTEMBER 23, 1998
	APPROVED BY GOVERNOR   SEPTEMBER 22, 1998
	PASSED THE SENATE   AUGUST 30, 1998
	PASSED THE ASSEMBLY   AUGUST 26, 1998
	AMENDED IN ASSEMBLY   AUGUST 24, 1998
	AMENDED IN ASSEMBLY   JUNE 18, 1998
	AMENDED IN SENATE   APRIL 29, 1998
	AMENDED IN SENATE   APRIL 14, 1998

INTRODUCED BY   Senator Hayden
   (Coauthor:  Senator O'Connell)

                        FEBRUARY 18, 1998

   An act to amend Sections 1815, 1816, 1834, 1845, 1846, 1847, and
2080 of, and to add Section 1834.4 to, the Civil Code, to amend
Sections 31108, 31752, and 32001 of, to add Sections 17005, 17006,
31752.5, 31753, and 32003 to, and to add, repeal, and add Section
31754 of, the Food and Agricultural Code, and to amend Section 597.1
of, and to add Section 599d to, the Penal Code, relating to stray
animals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1785, Hayden.  Stray animals:  duties of pounds and shelters.
   Existing law specifies the rights and duties of persons who find
lost property of another or who, either voluntarily or involuntarily,
are the depositaries of the property of another.  Existing law
provides that involuntary depositaries are entitled to no reward for
the thing deposited; however, finders are entitled to reasonable
compensation for saving and taking care of the property.
   This bill would set forth the findings of the Legislature with
respect to animal shelters, humane organizations, lost or stray
animals, and neuter programs, declare the policy of the state with
respect to adoptable and treatable animals, as specified, and set
forth the intent of the bill.  The bill would (1) provide that (a) a
person or public or private entity that holds a stray, live animal
shall be deemed an involuntary depositary; and (b) all depositaries
of live animals have a duty to provide them with necessary and prompt
veterinary care, nutrition, and shelter, and to treat them humanely
and failure to do so may subject the depositary to liability for
civil damages; (2) authorize involuntary depositaries of live animals
  to accept rewards, as specified; and (3) require a public
depositary of a stray live animal to take charge of it, as specified.

   Existing law provides that no dog or cat impounded by a public
pound or specified shelter shall be killed before 72 hours have
elapsed from the time of impounding.
   This bill would, effective July 1, 1999, expand this minimum
impound time to 4 or 6 business days, as specified, and would require
that the animal be released to a nonprofit animal rescue or adoption
organization in certain circumstances, subject to specified
exceptions.  The bill would also provide impounding time periods, and
care, redemption, and adoption requirements applicable to other
specified animals.
   Existing law requires public pounds and specified shelters to
provide owners and finders of lost animals with specified services to
restore the lost animals to their owners.  Existing law specifies
that these requirements are not mandatory duties and do not create a
cause of action against public entities or employees.
   This bill would declare that the duty to provide these services is
a mandatory duty for public entities and their contractors.  The
bill would also require pounds and shelters to keep specified records
regarding impounded animals for 3 years after the animal's
impoundment ends.
   Because this bill would impose new duties on local officials, it
would create a state-mandated local program.
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) The Legislature finds and declares the following:
   (1) Public and private shelters and humane organizations share a
common purpose in saving animals' lives, preventing animal suffering,
and eliminating animal abandonment.
   (2) Public and private shelters and humane groups should work
together to end euthanasia of adoptable and treatable animals by
2010.
   (b) The Legislature finds and declares the following:
   (1) Redemption of owned pets and adoption of lost or stray
adoptable animals is preferable to incurring social and economic
costs of euthanasia.
   (2) Shelters should be open during hours that permit working pet
owners to redeem pets during nonworking hours.
   (3) Shelters should aggressively promote spay and neuter programs
to reduce pet overpopulation.
   (4) Shelters should not adopt out animals that are not spayed or
neutered.
   (5) Public shelters should work with humane animal adoption
organizations to the fullest extent possible to promote the adoption
of animals and to reduce the rate of killing.
   (c) The intent of this act is to do all of the following:
   (1) Increase the focus of shelters to owner redemption and
adoption by making recordkeeping mandatory to aid in owner
redemption, providing owner relinquished pets the same holding period
as stray animals to allow for adoption, and providing for an
explicit adoption period.
   (2) Consolidate and list clear guidelines for care and treatment
for animals held in shelters.
   (3) Extend public shelter responsibilities from dogs and cats to
other legal pets.
   (4) Make shelters accountable to pet owners and the public for
records and the care of animals in their possession.
   (5) Make clear that shelter responsibilities are the same as those
legally assumed by a person who voluntarily picks up an animal.
   (d) The Legislature finds and declares that statutory law
prescribes the type of treatment that private citizens must extend to
stray animals they voluntarily pick up and that public and private
animal shelters should be held to the same legal duties as those that
exist for private citizens.
   (e) The Legislature finds and declares that it is better to have
public and private shelters pick up or take in animals than private
citizens.  The Legislature further finds that the taking in of
animals is important for public health and safety, to aid in the
return of the animal to its owner, and to prevent inhumane conditions
for lost or free roaming animals.
   (f) The Legislature finds and declares that shelters should be
required by law to take in lost animals and properly care for them
with prompt veterinary care, adequate nutrition, shelter, exercise,
and water.
   (g) The Legislature finds and declares that shelters receiving
animals that have identification should make reasonable attempts to
notify the owner of the animal's location.
   (h) The Legislature finds and declares that the duties of shelters
to properly care for an animal do not cease if the owner of a lost
animal does not claim the animal, and the shelter should have the
duty to make the animal available for adoption for a reasonable
period of time and to care properly for the animal during this
period.
   (i) The Legislature finds and declares that lost animals should be
held for a period of time to ensure that the owner has proper access
to redeem the animal.
  SEC. 2.  Section 1815 of the Civil Code is amended to read:
   1815.  An involuntary deposit is made:
   (a) By the accidental leaving or placing of personal property in
the possession of any person, without negligence on the part of its
owner.
   (b) In cases of fire, shipwreck, inundation, insurrection, riot,
or like extraordinary emergencies, by the owner of personal property
committing it, out of necessity, to the care of any person.
   (c) By the delivery to, or pick up by, and the holding of, a stray
live animal by any person, or public or private entity.
  SEC. 3.  Section 1816 of the Civil Code is amended to read:
   1816.  (a) The person or private entity with whom a thing is
deposited in the manner described in Section 1815 is bound to take
charge of it, if able to do so.
   (b) A public agency or shelter with whom a thing is deposited in
the manner described in Section 1815 is  bound to take charge of it,
as provided in Section 597.1 of the Penal Code.
  SEC. 4.  Section 1834 of the Civil Code is amended to read:
   1834.  A depositary of living animals shall provide the animals
with necessary and prompt veterinary care, nutrition, and shelter,
and treat them kindly.  Any depositary that fails to perform these
duties may  be liable for civil damages as provided by law.
  SEC. 5.  Section 1834.4 is added to the Civil Code, to read:
   1834.4.  (a) It is the policy of the state that no adoptable
animal should be euthanized if it can be adopted into a suitable
home.  Adoptable animals include only those animals eight weeks of
age or older that, at or subsequent to the time the animal is
impounded or otherwise taken into possession, have manifested no sign
of a behavioral or temperamental defect that could pose a health or
safety risk or otherwise make the animal unsuitable for placement as
a pet, and have manifested no sign of disease, injury, or congenital
or hereditary condition that adversely affects the health of the
animal or that is likely to adversely affect the animal's health in
the future.
   (b) It is the policy of the state that no treatable animal should
be euthanized.  A treatable animal shall include any animal that is
not adoptable but that could become adoptable with reasonable
efforts.  This subdivision, by itself, shall not be the basis of
liability for damages regarding euthanasia.
  SEC. 6.  Section 1845 of the Civil Code is amended to read:
   1845.  An involuntary deposit is gratuitous, the depositary being
entitled to no reward.  However,  an involuntary depositary of any
live animal may accept advertised rewards or rewards freely offered
by the owner of the animal.
  SEC. 7.  Section 1846 of the Civil Code is amended to read:
   1846.  (a) A gratuitous depositary must use, at least, slight care
for the preservation of the thing deposited.
   (b) A gratuitous depositary of a living animal shall provide the
animal with necessary and prompt veterinary care, adequate nutrition
and water, and shelter, and shall treat it humanely and, if the
animal has any identification, make reasonable attempts to notify the
owner of the animal's location.  Any gratuitous depositary that does
not have sufficient resources or desire to provide that care shall
promptly turn the animal over to an appropriate care facility.
   (c) If the gratuitous depositary of a living animal is a public
pound, shelter operated by a society for the prevention of cruelty to
animals, or humane shelter, the depositary shall comply with all
other requirements of the Food and Agricultural Code regarding the
impounding of live animals.
  SEC. 8.  Section 1847 of the Civil Code is amended to read:
   1847.  The duties of a gratuitous depositary cease:
   (a) Upon restoration by the depositary of the thing deposited to
its owner.
   (b) Upon reasonable notice given by the depositary to the owner to
remove it, and the owner failing to do so within a reasonable time.
But an involuntary depositary, under subdivision (b) of Section
1815, may not give notice until the emergency that gave rise to the
deposit is past.  This subdivision shall not apply to a public pound,
a shelter operated by a society for the prevention of cruelty to
animals, or a humane shelter.  The duty to provide care, as required
by Section 1846, continues until the public pound or private shelter
is lawfully relieved of responsibility for the animal.
  SEC. 9.  Section 2080 of the Civil Code is amended to read:
   2080.  Any person who finds a thing lost is not bound to take
charge of it, unless the person is otherwise required to do so by
contract or law, but when the person does take charge of it he or she
is thenceforward a depositary for the owner, with the rights and
obligations of a depositary for hire.  Any person or any public or
private entity that finds and takes possession of any money, goods,
things in action, or other personal property, or saves any domestic
animal from harm, neglect, drowning, or starvation, shall, within a
reasonable time, inform the owner, if known, and make restitution
without compensation, except a reasonable charge for saving and
taking care of the property.  Any person who takes possession of a
live domestic animal shall provide for humane treatment of the
animal.
  SEC. 10.  Section 17005 is added to the Food and Agricultural Code,
to read:
   17005.  (a) It is the policy of the state that no adoptable animal
should be euthanized if it can be adopted into a suitable home.
Adoptable animals include only those animals eight weeks of age or
older that, at or subsequent to the time the animal is impounded or
otherwise taken into possession, have manifested no sign of a
behavioral or temperamental defect that could pose a health or safety
risk or otherwise make the animal unsuitable for placement as a pet,
and have manifested no sign of disease, injury, or congenital or
hereditary condition that adversely affects the health of the animal
or that is likely to adversely affect the animal's health in the
future.
   (b) It is the policy of the state that no treatable animal should
be euthanized.  A treatable animal shall include any animal that is
not adoptable but that could become adoptable with reasonable
efforts.  This subdivision, by itself, shall not be the basis of
liability for damages regarding euthanasia.
  SEC. 11.  Section 17006 is added to the Food and Agricultural Code,
to read:
   17006.  Animals that are irremediably suffering from a serious
illness or severe injury shall not be held for owner redemption or
adoption.  Newborn animals that need maternal care and have been
impounded without their mothers may be euthanized without being held
for owner redemption or adoption.
  SEC. 12.  Section 31108 of the Food and Agricultural Code is
amended to read:
   31108.  (a) The required holding period for a stray dog impounded
pursuant to this division shall be six business days, not including
the day of impoundment, except as follows:
   (1) If the pound or shelter has made the dog available for owner
redemption on one weekday evening until at least 7:00 p.m. or one
weekend day, the holding period shall be four business days, not
including the day of impoundment.
   (2) If the pound or shelter has fewer than three full-time
employees or is not open during all regular weekday business hours,
and if it has established a procedure to enable owners to reclaim
their dogs by appointment at a mutually agreeable time when the pound
or shelter would otherwise be closed, the holding period shall be
four business days, not including the day of impoundment.
   Except as provided in Section 17006, stray dogs shall be held for
owner redemption during the first three days of the holding period,
not including the day of impoundment, and shall be available for
owner redemption or adoption for the remainder of the holding period.

   (b) Any stray dog that is impounded pursuant to this division
shall, prior to the killing of that animal for any reason other than
irremediable suffering, be released to a nonprofit, as defined in
Section 501(c)(3) of the Internal Revenue Code, animal rescue or
adoption organization if requested by the organization prior to the
scheduled killing of that animal.  In addition to any required spay
or neuter deposit, the pound or shelter, at its discretion, may
assess a fee, not to exceed the standard adoption fee, for animals
released.
  SEC. 13.  Section 31752 of the Food and Agricultural Code is
amended to read:
   31752.  (a) The required holding period for a stray cat impounded
pursuant to this division shall be six business days, not including
the day of impoundment, except as follows:
   (1) If the pound or shelter has made the cat available for owner
redemption on one weekday evening until at least 7:00 p.m. or one
weekend day, the holding period shall be four business days, not
including the day of impoundment.
   (2) If the pound or shelter has fewer than three full-time
employees or is not open during all regular weekday business hours,
and if it has established a procedure to enable owners to reclaim
their cats by appointment at a mutually agreeable time when the pound
or shelter would otherwise be closed, the holding period shall be
four business days, not including the day of impoundment.
   Except as provided in Sections 17006 and 31752.5, stray cats shall
be held for owner redemption during the first three days of the
holding period, not including the day of impoundment, and shall be
available for owner redemption or adoption for the remainder of the
holding period.
   (b) Any stray cat that is impounded pursuant to this division
shall, prior to the killing of that animal for any reason other than
irremediable suffering, be released to a nonprofit, as defined in
Section 501(c)(3) of the Internal Revenue Code, animal rescue or
adoption organization if requested by the organization prior to the
scheduled killing of that animal.  In addition to any required spay
or neuter deposit, the pound or shelter, at its discretion, may
assess a fee, not to exceed the standard adoption fee, for animals
released.
  SEC. 14.  Section 31752.5 is added to the Food and Agricultural
Code, to read:
   31752.5.  (a) The Legislature finds and declares the following:
   (1) Domestic cats' temperaments range from completely docile
indoor pets to completely unsocialized outdoor cats that avoid all
contact with humans.
   (2) "Feral cats" are cats with temperaments that are completely
unsocialized, although frightened or injured tame pet cats may appear
to be feral.
   (3) Some people care for or own feral cats.
   (4) Feral cats pose particular safety hazards for shelter
employees.
   (5) It is cruel to keep feral cats caged for long periods of time;
however, it is not always easy to distinguish a feral cat from a
frightened tame cat.
   (b) For the purposes of this section, a "feral cat" is defined as
a cat without owner identification of any kind whose usual and
consistent temperament is extreme fear and resistance to contact with
people.  A feral cat is totally unsocialized to people.
   (c) Notwithstanding Section 31752, if an apparently feral cat has
not been reclaimed by its owner or caretaker within the first three
days of the required holding period, shelter personnel qualified to
verify the temperament of the animal shall verify whether it is feral
or tame by using a standardized protocol.  If the cat is determined
to be docile or a frightened or difficult tame cat, the cat shall be
held for the entire required holding period specified in Section
31752.  If the cat is determined to be truly feral, the cat may be
euthanized or relinquished to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal adoption organization
that agrees to the spaying or neutering of the cat if it has not
already been spayed or neutered.  In addition to any required spay or
neuter deposit, the pound or shelter, at its discretion, may assess
a fee, not to exceed the standard adoption fee, for the animal
released.
  SEC. 15.  Section 31753 is added to the Food and Agricultural Code,
to read:
   31753.  Any rabbit, guinea pig, hamster, pot-bellied pig, bird,
lizard, snake, turtle, or tortoise legally allowed as personal
property impounded in a public or private shelter shall be held for
the same period of time, under the same requirements of care, and
with the same opportunities for redemption and adoption by new owners
or nonprofit, as defined in Section 501(c)(3) of the Internal
Revenue Code, animal rescue or adoption organizations as cats and
dogs.  Section 17006 shall also apply to these animals.  In addition
to any required spay or neuter deposit, the pound or shelter, at its
discretion, may assess a fee, not to exceed the standard adoption
fee, for animals released to nonprofit animal rescue or adoption
organizations pursuant to this section.
  SEC. 16.  Section 31754 is added to the Food and Agricultural Code,
to read:
   31754.  (a) Except as provided in Section 17006, any animal
relinquished by the purported owner that is of a species impounded by
pounds or shelters shall be held for two full business days, not
including the day of impoundment.  The animal shall be available for
owner redemption for the first day, not including the day of
impoundment, and shall be available for owner redemption or adoption
for the second day.  After the second required day, the animal may be
held longer, killed, or relinquished to a nonprofit, as defined in
Section 501(c)(3) of the Internal Revenue Code, animal adoption
organization under the same conditions and circumstances provided for
stray dogs and cats in Sections 31108 and 31752.
   (b) This section shall become operative on July 1, 1999.  This
section shall become inoperative on July 1, 2001, and, as of January
1, 2002, is repealed, unless a later enacted statute that is enacted
before January 1, 2002, deletes or extends the dates on which it
becomes inoperative and is repealed.
  SEC. 16.5.  Section 31754 is added to the Food and Agricultural
Code, to read:
   31754.  (a) Except as provided in Section 17006, any animal
relinquished by the purported owner that is of a species impounded by
pounds or shelters shall be held for the same holding periods, with
the same requirements of care, applicable to stray dogs and cats in
Sections 31108 and 31755, except that the period for owner redemption
shall be one day, not including the day of impoundment, and the
period for owner redemption or adoption shall be the remainder of the
holding period.
   (b) This section shall become operative on July 1, 2001.
  SEC. 17.  Section 32001 of the Food and Agricultural Code is
amended to read:
   32001.  All public pounds, shelters operated by societies for the
prevention of cruelty to animals, and humane shelters, that contract
to perform public animal control services, shall provide the owners
of lost animals and those who find lost animals with all of the
following:
   (a) Ability to list the animals they have lost or found on "Lost
and Found" lists maintained by the pound or shelter.
   (b) Referrals to animals listed that may be the animals the owners
or finders have lost or found.
   (c) The telephone numbers and addresses of other pounds and
shelters in the same vicinity.
   (d) Advice as to means of publishing and disseminating information
regarding lost animals.
   (e) The telephone numbers and addresses of volunteer groups that
may be of assistance in locating lost animals.
   The duties imposed by this section are mandatory duties for public
entities for all purposes of the Government Code and for all private
entities with which a public entity has contracted to perform those
duties.
  SEC. 18.  Section 32003 is added to the Food and Agricultural Code,
to read:
   32003.  All public pounds and private shelters shall keep accurate
records on each animal taken up, medically treated, or impounded.
The records shall include all of the following information and any
other information required by the California Veterinary Medical
Board:
   (a) The date the animal was taken up, medically treated,
euthanized, or impounded.
   (b) The circumstances under which the animal was taken up,
medically treated, euthanized, or impounded.
   (c) The names of the personnel who took up, medically treated,
euthanized, or impounded the animal.
   (d) A description of any medical treatment provided to the animal
and the name of the veterinarian of record.
   (e) The final disposition of the animal, including the name of the
person who euthanized the animal or the name and address of the
adopting party.  These records shall be maintained for three years
after the date the animal's impoundment ends.
  SEC. 19.  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, that 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 that 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 that are provided pending the owner's inquiry
to the responsible agency, 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 that he or she makes or for services that he
or she provides pursuant to this subdivision.
   (d) An animal control agency that takes possession of an animal
pursuant to subdivision (c) shall keep records of the whereabouts of
the animal from the time of possession to the end of the animal's
impoundment, and those records shall be available for inspection by
the public upon request for three years after the date the animal's
impoundment ended.
   (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, 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, or Section 597 or 597a, 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 or appropriate public entity for proper adoption
or other 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.  Upon conviction, the court shall order the convicted
person to make payment to the appropriate public entity for the costs
incurred in the housing, care, feeding, and treatment of the seized
or impounded animals.  Each person convicted in connection with a
particular animal may be held jointly and severally liable for
restitution for that particular animal.  The payment shall be in
addition to any other fine or sentence ordered by the court.
   The court may also order, as a condition of probation, that the
convicted person be prohibited from owning, possessing, caring for,
or having any contact with, animals of any kind and require the
convicted person to immediately deliver all animals in his or her
possession to a designated public entity for adoption or other lawful
disposition or provide proof to the court that the person no longer
has possession, care, or control of any animals.  In the event of the
acquittal or final discharge without conviction of the arrested
person, the court shall, on demand, direct the release of seized or
impounded animals upon a showing of proof of ownership.  Any
questions regarding ownership shall be determined in a separate
hearing by the court where the criminal case was finally adjudicated
and the court shall hear testimony from any persons who may assist
the court in determining ownership of the animal.  If the owner is
determined to be unknown or the owner is prohibited or unable to
retain possession of the animals for any reason, the court shall
order the animals to be released to the appropriate public entity for
adoption or other lawful disposition.  This section is not intended
to cause the release of any animal, bird, reptile, amphibian, or
fish, seized or impounded pursuant to any other statute, ordinance,
or municipal regulation. This section shall not prohibit the seizure
or impoundment of animals as evidence as provided for under any other
provision of law.
   (l) It shall be the duty of all peace officers, humane society
officers, and animal control officers to use all currently acceptable
methods of identification, both electronic and otherwise, to
determine the lawful owner or caretaker of any seized or impounded
animal.  It shall also be their duty to make reasonable efforts to
notify the owner or caretaker of the whereabouts of the animal and
any procedures available for the lawful recovery of the animal and,
upon the owner's and caretaker's initiation of recovery procedures,
retain custody of the animal for a reasonable period of time to allow
for completion of the recovery process.  Efforts to locate or
contact the owner or caretaker and communications with persons
claiming to be the owner or caretaker shall be recorded and
maintained and be made available for public inspection.
  SEC. 20.  Section 599d is added to the Penal Code, to read:
   599d.  (a) It is the policy of the state that no adoptable animal
should be euthanized if it can be adopted into a suitable home.
Adoptable animals include only those animals eight weeks of age or
older that, at or subsequent to the time the animal is impounded or
otherwise taken into possession, have manifested no sign of a
behavioral or temperamental defect that could pose a health or safety
risk or otherwise make the animal unsuitable for placement as a pet,
and have manifested no sign of disease, injury, or congenital or
hereditary condition that adversely affects the health of the animal
or that is likely to adversely affect the animal's health in the
future.
   (b) It is the policy of the state that no treatable animal should
be euthanized.  A treatable animal shall include any animal that is
not adoptable but that could become adoptable with reasonable
efforts.  This subdivision, by itself, shall not be the basis of
liability for damages regarding euthanasia.
  SEC. 21.  Sections 12 and 13 of this act shall become operative on
July 1, 1999.
  SEC. 22.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.