BILL ANALYSIS
AB 243
Page 1
ASSEMBLY THIRD READING
AB 243 (Nava)
As Amended May 26, 2009
Majority vote
PUBLIC SAFETY 6-0 APPROPRIATIONS 13-1
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|Ayes:|Solorio, Hagman, |Ayes:|De Leon, Ammiano, Charles |
| |Furutani, Hill, Ma, | |Calderon, Davis, Fuentes, |
| |Skinner | |Hall, Harkey, |
| | | |John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson |
| | | | |
|-----+--------------------------+-----+---------------------------|
| | |Nays:|Nielsen |
| | | | |
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SUMMARY : Creates a misdemeanor for any person convicted of
animal abuse who, thereafter, owns, possesses, maintains, has
custody of, resides with, or cares for any animal within a
specified period. Specifically, this bill :
1)Provides that any person who has been convicted of a
misdemeanor violation of specified sections relating to animal
cruelty and who, within five years of the conviction, owns,
possesses, maintains, has custody of, resides with or cares
for any animal is guilty of a public offense, punishable by
imprisonment in a county jail not exceeding one year; by a
fine of not more than $1,000; or by both that imprisonment and
fine.
2)Provides that any person who has been convicted of a felony
violation of specified sections relating to animal cruelty and
who, within 10 years of the conviction owns, possesses,
maintains, has custody of, resides with or cares for any
animal is guilty of a public offense, punishable by
imprisonment in a county jail not exceeding one year; by a
fine of not more than $1,000; or by both that imprisonment and
fine.
3)Allows a court in the interest of justice, to exempt a
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defendant from the provisions of this section if the defendant
files a petition with the court requesting a hearing in which
the defendant shall have the burden of establishing that: a)
imposition of the provisions of the section would result in
severe or undue economic hardship to the defendant's
livelihood; and, b) the defendant has the ability to properly
care for all animals in his or her possession. The petitioner
shall serve a true copy of the petition upon the court and the
prosecuting attorney 10 calendar days prior to the requested
hearing. Upon petition from the defendant, the court shall set
a hearing on the petition. The hearing shall be conducted
within 30 days after the filing of the petition.
EXISTING LAW :
1)Provides that upon the conviction of a person charged with a
violation of animal abuse, 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. 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.
2)Creates a misdemeanor punishable by a maximum of one year in
the county jail and a fine of not more than $20,000 to maim,
mutilate, torture, or wound a living animal or maliciously or
intentionally kill an animal.
3)States that every person having charge or custody of an animal
who overdrives; overloads; overworks; tortures; torments;
deprives of necessary sustenance, drink, or shelter; cruelly
beats, mutilates, or cruelly kills; 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 is, for every such offense,
guilty of a crime punishable as an alternate
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misdemeanor/felony and by a fine of not more than $20,000.
4)Provides that any person who causes any animal to fight with
another animal, or permits the same to be done on any property
under his or her control, or aids or abets the fighting of any
animal is present as a spectator is guilty of a misdemeanor,
punishable by up to six months in the county jail; a by a fine
not to exceed $1,000; or both.
5)Provides that any person who does any of the following is
guilty of a felony and is punishable by imprisonment in a
state prison for 16 months, 2 or 3 years; by a fine not to
exceed $50,000; or by both such fine and imprisonment:
a) Owns, possesses, keeps, or trains any dog, with the
intent that the dog shall be engaged in an exhibition of
fighting with another dog;
b) For the amusement or gain, causes any dog to fight with
another dog, or causes any dogs to injure each other; or,
c) Permits any of the aforementioned acts in violation to
be done on any premises under his or her charge or control,
or aids or abets that act.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, likely minor, nonreimbursable costs for
local law enforcement and incarceration, offset to a degree by
increased fine revenue. For a point of reference, 35 persons
were committed to state prison over the past two years for
felony animal cruelty.
COMMENTS : According to the author, "Those who have neglected
animals have demonstrated that they cannot be trusted to provide
animals in their care with the basics required by law. In the
case of overt cruelty, defendants convicted of purposely harming
an animal have demonstrated that they are capable of violence
toward an animal. And, in the case of animal fighting, those
convicted of participating in dog or cockfighting have
demonstrated a lack of regard for an animal's welfare and a lack
of concern for the suffering that is associated with animal
'blood sports.' "
"The recidivism rate of animal cruelty and neglect crimes is,
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according to most studies, virtually 100%. As with laws that
prevent sex offenders from having contact with underage
children, a law prohibiting abusers from contact with animals
will separate offenders from potential new victims.
"AB 243 will make it mandatory for a judge to prohibit a person
convicted of specified animal-related crimes from owning or
possessing, caring for, or having any contact with animals for a
minimum period of time. This measure will also give a
prosecutor the option of either asking that a defendant's
probation be violated or filing a separate misdemeanor criminal
charge for defendants who violate their 'no ownership' order.
By requiring this order, there will be a dramatic reduction or
elimination of repeated acts of animal cruelty and neglect in
California."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
FN: 0000954