Bill Text: CA AB2278 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Animal control: seizure of animals: costs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2278 Detail]

Download: California-2015-AB2278-Introduced.html

---

BILL NUMBER: AB 2278	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Linder

                        FEBRUARY 18, 2016

   An act to amend Section 597.1 of the Penal Code, relating to
animals.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2278, as introduced, Linder. Animal control: seizure of
animals: costs.
   (1) Existing law requires a peace officer, humane society officer,
or animal control officer to take possession of a stray or abandoned
animal, or any animal when the officer has reasonable grounds to
believe that very prompt action is required to protect the health and
safety of the animal or the health and safety of others. In the case
of taking possession of a stray or abandoned animal, existing law
requires the officer to provide care and treatment for the animal
until the animal is deemed to be in suitable condition to be returned
to the owner.
   This bill would allow, but not require, a peace officer, humane
society officer, or animal control officer to take possession of an
animal in the above circumstances. The bill would require a seizing
organization or entity to provide care and treatment for a seized
animal until the animal is placed, returned to the owner, or
euthanized.
   (2) Existing law requires the owner or keeper of an animal that is
properly seized to be personally liable to the seizing agency for
the cost of the seizure and care of the animal.
   This bill would make the owner or keeper of the animal liable to
the seizing agency, and if the animal is impounded, to the impounding
agency, for the entire cost of the seizure or impoundment of the
animal, including costs associated with preparing and posting notices
and sending statements of charges. The bill would require the
seizing and impounding agency to present the owner with a statement
listing all accrued charges, as provided, either at the postseizure
hearing or by personal service, first class mail, or electronic mail,
as specified.
   (3) Existing law permits the return of an animal only when the
owner can demonstrate to the satisfaction of the seizing agency or
hearing officer that the owner can and will provide the necessary
care for the animal.
   This bill would require that if the animal was seized pursuant to
a search warrant that the court that issued or adjudicated the
warrant give its express approval prior to the release of the animal
to the owner.
   (4) Existing law makes it a misdemeanor for every owner, driver,
or keeper of an animal to permit 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.
Existing law, in cases involving cats and dogs, allows a seizing
entity or prosecuting attorney to file a petition in a criminal
action to request that the court issue an order forfeiting an animal
prior to the final disposition of the case.
   This bill would make the above provision applicable to any animal.

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


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

  SECTION 1.  Section 597.1 of the Penal Code is amended to read:
   597.1.  (a) (1)  Every   Each  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   may  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   may 
immediately seize the animal and comply with subdivision (f). In all
other cases, the officer shall comply with the provisions of
subdivision (g).  If the animal is seized, the seizing
organization or agency shall provide care and treatment for the
animal until the animal is placed, returned to the owner, or
euthanized.  The full cost of caring for and treating any animal
properly seized under this subdivision or pursuant to a search
warrant 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.
   (2) Notwithstanding any other law, if an animal control officer or
humane officer, when necessary to protect the health and safety of a
wild, stray, or abandoned animal or the health and safety of others,
seeks to administer a tranquilizer that contains a controlled
substance, as defined in Division 10 (commencing with Section 11000)
of the Health and Safety Code, to gain control of that animal, he or
she may possess and administer that tranquilizer with direct or
indirect supervision as determined by a licensed veterinarian,
provided that the officer has met each of the following requirements:

   (A) Has received training in the administration of tranquilizers
from a licensed veterinarian. The training shall be approved by the
 California  Veterinary Medical Board.
   (B) Has successfully completed the firearms component of a course
relating to the exercise of police powers, as set forth in Section
832.
   (C) Is authorized by his or her agency or organization to possess
and administer the tranquilizer in accordance with a policy
established by the agency or organization and approved by the
veterinarian who obtained the controlled substance.
   (D) Has successfully completed the euthanasia training set forth
in Section 2039 of Title 16 of the California Code of Regulations.
   (E) Has completed a state and federal fingerprinting background
check and does not have any drug- or alcohol-related convictions.
   (b)  Every   Each  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 full cost of caring for and treating any
animal properly seized under this subdivision or pursuant to a search
warrant shall constitute a lien on the animal and the animal shall
not be returned to its owner until the charges are paid.
   (c) (1) 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.
   (2) 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.
   (3) 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.
   (4) 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 full 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
euthanize 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 full 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 full 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. The animal shall not be returned to its owner
until the charges are paid and the owner demonstrates to the
satisfaction of the seizing agency or the hearing officer that the
owner can and will provide the necessary care for the animal.
   (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)  (1)    If any animal is properly seized
 or impounded, or both seized and impounded,  under this
section or pursuant to a search warrant, the owner or keeper shall be
personally liable to the seizing agency  or impounding agency,
or both the seizing agency and the impounding agency,  for
 the   all  cost of the seizure  or
impoundment, or both the seizure and impoundment,  and care of
the  animal. Further, if the   animal, including
all costs associated with the preparation and posting of notices and
sending of statements of charges in accordance with this section.

    (2)     An animal lawfully seized pursuant
to this section or pursuant to a search warrant shall be deemed to be
abandoned and may be disposed of by the seizing agency 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 impoundment  , 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 seizing agency.   animal.
 
   (3) Notice of charges for the seizure, impoundment, and care of
the animal pursuant to this section shall be executed as follows:
 
   (A) (i) If the animal is seized or impounded pursuant to
subdivision (f), a statement listing all charges that have accrued
from the time of an animal's seizure or impoundment shall be
presented to the owner or keeper at the time of the postseizure
hearing. If no postseizure hearing is held, the statement of charges
shall be presented to the owner or keeper via personal service, first
class mail, or electronic mail within two calendar days of the
expiration of the 10-day period during which an owner or keeper may
request a hearing specified in subparagraph (D) of paragraph (1) of
subdivision (f).  
   (ii) If the animal is seized or impounded following the issuance
of a preseizure notice pursuant to subdivision (g), a statement
listing all charges shall be presented to the owner or keeper via
personal service, first class mail, or electronic mail no later than
five calendar days after the date the animal is seized or impounded.
 
   (iii) If the animal is seized pursuant to a search warrant, a
statement listing all charges shall be presented to the owner or
keeper via personal service, first class mail, or electronic mail no
later than five calendar days after the date the animal is seized or
impounded.  
   (B) If the charges are paid and the animal remains impounded, the
impounding agency shall continue to present statements of charges to
the owner or keeper on an ongoing basis via personal service, first
class mail, or electronic mail. The statements shall list all new
charges that have accrued during the time of impoundment since the
last statement was sent or delivered. The time period for delivery or
mailing the subsequent statements shall be at the discretion of the
impounding agency, but shall not exceed 21 days from the date the
last statement was presented.  
   (C) The statement of charges specified in subparagraph (A) and any
subsequent statements specified in subparagraph (B) shall include a
notice that the animal will be deemed abandoned if charges are not
paid within 14 days of service, and that payment of fees does not
guarantee the release of the animal, but does allow the owner or
keeper to retain an ownership interest in the animal. 
   (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 seizing agency. 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   An  animal properly seized
under this section or pursuant to a search warrant shall  not
 be returned to its owner until the owner can demonstrate to the
satisfaction of the seizing agency or hearing officer that the owner
can and will provide the necessary care for the animal.  If the
animal was seized pursuant to a search warrant, express approval of
the court that issued the warrant or adjudicated the matter shall be
obtained prior to the release of the animal. 
   (k) (1)  In the case of cats and dogs, prior 
 Prior  to the final disposition of any criminal charges,
the seizing agency or prosecuting attorney may file a petition in a
criminal action requesting that, prior to that final disposition, the
court issue an order forfeiting the animal to the city, county, or
seizing agency. The petitioner shall serve a true copy of the
petition upon the defendant and the prosecuting attorney.
   (2) Upon receipt of the 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.
   (3) The petitioner shall have the burden of establishing beyond a
reasonable doubt that, even in the event of an acquittal of the
criminal charges, the owner will not legally be permitted to retain
the animal in question. If the court finds that the petitioner has
met its burden, the court shall order the immediate forfeiture of the
animal as sought by the petition.
   (4)  Nothing in this subdivision is intended to 
 This   section does not  authorize a seizing
agency or prosecuting attorney to file a petition to determine an
owner's ability to legally retain an animal pursuant to paragraph (3)
of subdivision (l) if a petition has previously been filed pursuant
to this subdivision.
   (l) (1) 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.
   (2) The court may also order, as a condition of probation, that
the convicted person be prohibited from owning, possessing, caring
for, or residing 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 person
charged, if the animal is still impounded, the animal has not been
previously deemed abandoned pursuant to subdivision (h), the court
has not ordered that the animal be forfeited pursuant to subdivision
(k), the court shall, on demand, direct the release of seized or
impounded animals to the defendant upon a showing of proof of
ownership.
   (3) 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.
   (m) 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.