Bill Text: CA AB2344 | 2025-2026 | Regular Session | Amended
Bill Title: Animal abuse: forfeiture.
Sponsorship: Slight Partisan Bill (Democrat 4-2)
Status: (Engrossed) 2026-06-11 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. [AB2344 Detail]
Download: California-2025-AB2344-Amended.html
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Amended
IN
Senate
June 11, 2026 |
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Amended
IN
Assembly
April 23, 2026 |
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Amended
IN
Assembly
March 19, 2026 |
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 2344
| Introduced by Assembly Member Haney (Coauthors: Assembly Members Alanis, Lackey, Nguyen, Ramos, and Schultz) |
February 19, 2026 |
An act to add Section Sections 600.9 and 600.10 to the Penal Code, relating to animal abuse.
LEGISLATIVE COUNSEL'S DIGEST
AB 2344, as amended, Haney.
Animal abuse: forfeiture.
Existing law prohibits various acts of abuse toward animals, including, among others, inflicting unnecessary cruelty or abusing an animal in any manner, including, but not limited to, maliciously and intentionally maiming, mutilating, torturing, or wounding an animal.
This bill would, in a criminal case alleging a violation of specified animal abuse crimes, authorize specified entities to request that the prosecuting attorney file a petition requesting that, before final disposition, the court issue an order forfeiting the animal to the city, county, or seizing agency 30 days after a defendant fails to appear in court, as specified. The bill would additionally, if the defendant is granted diversion for those crimes, authorize the prosecution to request an order from the court that the defendant be prohibited from owning, possessing, caring
for, or residing with, with animals of any kind, kind throughout the period of diversion, as specified. By increasing duties on local prosecutors, this bill would impose 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.
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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 600.9 is added to the Penal Code, to read:600.9.
(a) In a criminal case alleging a violation of Section 286.5, 596, 597, 597a, 597b, 597h, 597j, 597s, 597.1, or 597.5 the animal control agency in possession of an animal seized or impounded by a peace officer, officer of a humane society, or officer of an animal shelter or animal regulation department of a public agency may request that the prosecuting attorney file a petition requesting that, before final disposition, the court issue an order forfeiting the animal to the city, county, or seizing agency 30 days after a defendant fails to appear in court in violation of Section 853.7, 1320, or 1320.5.(b) (1) The prosecuting attorney shall file the
petition for forfeiture with the superior court of the county in which the defendant has been charged with the commission of any of the crimes listed in subdivision (a).
(2) The prosecuting attorney shall make service of process on the defendant. If the notice cannot be served by registered mail or personal delivery, the notices shall be published for at least three consecutive weeks on the internet website of the animal shelter in possession of the animal.
(c) (1) The forfeiture proceeding shall be set for hearing in the superior court in which the underlying criminal offense will be tried.
(2) The hearing shall be conducted within 14 days after the filing of the petition, or as soon as
practicable.
(3) If the defendant fails to file a claim of interest in the animal or to appear at the hearing, the court shall enter a response of denial on behalf of the defendant.
(4) At the forfeiture hearing, the animal control agency shall have the burden of establishing by a preponderance of the evidence that the defendant is not able to properly care for the animal. The court may take judicial notice of any prior testimony that occurred in a prior proceeding.
(5) 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. If the court grants the petition, the animal shall be adjudged by the court to be forfeited and thereafter
shall be transferred to the animal control agency or appropriate entity for proper adoption or other disposition.
(d)If a defendant charged with a violation of Section 286.5, 596, 597, 597a, 597b, 597h, 597j,
597s, 597.1, or 597.5 is granted diversion, the prosecution may request an order from the court that the defendant be prohibited from owning, possessing, caring for, or residing with, animals of any kind, and require the defendant to immediately deliver all animals in their 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.
(d) The remedies provided in this section do not preclude the application of any other remedies, civil or criminal, including, but not limited to, those remedies provided in Section 597.1.
