BILL ANALYSIS
AB 243
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 243 (Nava)
As Amended August 27, 2009
Majority vote
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|ASSEMBLY: |65-12|(June 2, 2009) |SENATE: |28-4 |(September 3, |
| | | | | |2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Provides that any person who owns, possesses,
maintains, has custody of, resides with, or cares for any animal
after being enjoined from doing so, is guilty of a public
offense, which shall be punished by imprisonment in a county
jail not exceeding one year, by a fine not exceeding $1,000, or,
by both that imprisonment and fine.
The Senate amendments :
1)Add animals properly seized pursuant to a search warrant to
constitute a lien on the animal and the animal shall not be
returned to its owner until charges are paid for the cost of
caring for and treating the animal.
2)Hold the owner or keeper personally liable to the seizing
agency for the cost of the seizure and care of any animal
seized pursuant to a search warrant.
3)Prohibit the return of any animal seized pursuant to a search
warrant to be returned to his or her owner until a
determination by the seizing agency or hearing officer is made
that the animal is physically fit or the owner can demonstrate
that he or she will provide the necessary care.
4)State that in the event that the owner has satisfied the lien
provided for in this section for the cost of caring for or
treating an animal, prior to final disposition of any criminal
charges, the seizing agency or prosecuting attorney may file a
petition in the criminal action requesting that the court
issue an order forfeiting the animal to the county or seizing
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agency prior to final disposition of the criminal charge. The
petitioner shall serve a true copy of the petition upon the
defendant and the prosecuting attorney.
a) Upon receipt of a petition, the court shall set a
hearing on the petition. The hearing shall be conducted
within 14 days after the filing of the petition, or as soon
as practicable.
b) The petitioner shall have the burden of establishing
probable cause to believe that even in the event of
acquittal, the owner cannot and will not provide the
necessary care or that the owner will not legally be
permitted to retain any of the animals in question. If the
court finds probable cause exists, the court shall order
immediate forfeiture of the animal to the petitioner.
5)Necessitate if probation is granted, the court shall 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. Regardless of whether
probation is granted, the court shall 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, if any of the
animals are still impounded because the animal or animals have
not previously been deemed abandoned or the lien has been
satisfied and the court has not previously ordered that any of
the animals be forfeited, the court shall, on demand, direct
the release of seized or impounded animals upon a showing of
all of the following:
a) Proof of ownership;
b) Proof that all charges for the cost of seizure and care
of the animals for the entire duration of the matter have
been paid;
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c) Proof that the animals are physically fit and that the
owner has demonstrated to the seizing agency or the court
that the owner can and will provide the necessary care;
and,
d) Proof that the owner can legally retain and possess all
animals in question.
6)Require upon the conviction for a misdemeanor violation of
Penal Code Section 597(a) or (b), or of Section 597a, 597b,
597h, 597j, 597s, or 597.1, the court shall, in addition to
any other sentence or penalty imposed, enter an order
enjoining the person from owning, possessing, maintaining,
having custody of, residing with, or caring for any animal for
a period of not less than five years.
7)Require upon a conviction for a felony violation of Penal Code
Section 597(a) or (b), or of Section 597b or 597.5, the court
shall, in addition to any other sentence or penalty imposed,
enter an order enjoining the person from owning, possessing,
maintaining, having custody of, residing with, or caring for
any animal for a period of not less than 10 years.
8)State that any person who is convicted of possessing, owning,
maintaining, having custody of, residing with, or caring for
any animal is guilty of a public offense, which shall be
punished by imprisonment in a county jail not exceeding one
year, by a fine not exceeding $1,000, or by both that
imprisonment and fine.
9)Allow a court, in the interest of justice, exempt a 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 the
imposition of the provisions of this section would result in
severe or undue economic hardship to the defendant's
livelihood and that the defendant has the ability to properly
care for all animals in his or her possession.
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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.
10)Permit a defendant to petition the court to reduce the
duration of the mandatory ownership prohibition. 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 a 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. At this hearing, the petitioner shall have the
burden of establishing probable cause to believe all of the
following:
a) He or she does not present a danger to animals;
b) He or she has the ability to properly care for all
animals in his or her possession;
c) He or she has successfully completed all classes or
counseling ordered by the court; and,
d) If the petitioner has met his or her burden, the court
may reduce the mandatory ownership prohibition and may
order that the defendant comply with reasonable and
unannounced inspections by animal control agencies or law
enforcement.
11)Make other technical, non-substantive changes.
AS PASSED BY THE ASSEMBLY, this bill:
1)Provided 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
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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)Provided 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)Allowed a court in the interest of justice, to exempt a
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.
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.' "
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"The recidivism rate of animal cruelty and neglect crimes is,
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: 0002649