Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3035

Introduced by Assembly Member Patterson
(Coauthor: Senator Borgeas)

February 21, 2020

An act to amend Section 599 599aa of the Penal Code, relating to animal welfare.


LEGISLATIVE COUNSEL'S DIGEST


AB 3035, as amended, Patterson. Animal welfare.
Existing law requires an authorized officer who makes an arrest relating to the felony offense of dogfighting, as specified, and authorizes an authorized officer who makes an arrest for any of certain offenses relating to animal abuse, including a misdemeanor offense proscribing animal fighting, as specified, to lawfully take possession of the animals. If ownership of the seized animals or birds cannot be determined after reasonable efforts, existing law authorizes the officer or other person designated as custodian of the animals or birds, after holding the animals and birds for a period of not less than 10 days, to petition the magistrate for permission to humanely euthanize or otherwise dispose of the animals or birds. Existing law requires the petition to be published in a newspaper of general circulation.
This bill would instead require the petition to be published in a newspaper, online or in print, of general circulation, a social media outlet belonging to a law enforcement agency or a county or appropriate local governmental entity, or a law enforcement internet website.

Existing law makes it a misdemeanor to sell or give away a live chicks, rabbits, ducklings, or other fowl as a prize for, or as an inducement to enter, a contest, game or other competition, or as an inducement to enter a place of amusement or place of business. Existing law also makes it a misdemeanor to maintain or possess those animals for the purpose of sale or display without adequate facilities for supplying food, water, and temperature control needed to maintain their health and proscribes other, specified acts with respect to these live animals.

This bill would make technical, nonsubstantive changes to those prohibitions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 599aa of the Penal Code is amended to read:

599aa.
 (a) Any An authorized officer making an arrest under Section 597.5 shall, and any an authorized officer making an arrest under Section 597b, 597c, 597j, or 599a may, lawfully take possession of all birds or animals and all paraphernalia, implements, or other property or things used or employed, or about to be employed, in the violation of any of the provisions of this code relating to the fighting of birds or animals that can be used in animal or bird fighting, in training animals or birds to fight, or to inflict pain or cruelty upon animals or birds with respect to animal or bird fighting.
(b) (1) Upon taking possession, the officer shall inventory the items seized and question the persons present as to the identity of the owner or owners of the items. The inventory list shall identify the location where the items were seized, the names of the persons from whom the property was seized, and the names of any known owners of the property.
(2) Any A person claiming ownership or possession of any item shall be provided with a signed copy of the inventory list, which shall identify the seizing officer and the officer’s employing agency. If no person claims a person does not claim ownership or possession of the items, a copy of the inventory list shall be left at the location from which the items were seized.
(c) The officer shall file with the magistrate before whom the complaint against the arrested person is made, a copy of the inventory list and an affidavit stating the affiant’s basis for the officer’s belief that the property and items taken were in violation of this code. On receipt of the affidavit, the magistrate shall order the items seized to be held until the final disposition of any charges filed in the case subject to subdivision (e).
(d) All animals and birds seized shall, at the discretion of the seizing officer, be taken promptly to an appropriate animal storage facility. For purposes of this subdivision, an appropriate animal storage facility is one in which the animals or birds may be stored humanely. However, if an appropriate animal storage facility is not available, the officer may cause the animals or birds used in committing or possessed for the purpose of the alleged offenses to remain at the location at which they were found. In determining whether it is more humane to leave the animals or birds at the location at which they were found than to take the animals or birds to an animal storage facility, the officer shall, at a minimum, consider the difficulty of transporting the animals or birds and the adequacy of the available animal storage facility. When If the officer does not seize and transport all animals or birds to a storage facility, the officer shall do both of the following:
(1) Seize a representative sample of animals or birds for evidentiary purposes from the animals or birds found at the site of the alleged offenses. The animals or birds seized as a representative sample shall be transported to an appropriate animal storage facility.
(2) Cause all animals or birds used in committing or possessed for the purpose of the alleged offenses to be banded, tagged, or marked by microchip, and photographed or video recorded for evidentiary purposes.
(e) (1) If ownership of the seized animals or birds cannot be determined after reasonable efforts, the officer or other person named and designated in the order as custodian of the animals or birds may, after holding the animals and birds for a period of not less than 10 days, petition the magistrate for permission to humanely euthanize or otherwise dispose of the animals or birds. The petition shall be published for three successive days in a newspaper of general circulation. newspaper, online or in print, of general circulation, a social media outlet belonging to a law enforcement agency or a county or appropriate local governmental entity, or a law enforcement internet website. The magistrate shall hold a hearing on the petition not less than 10 days after seizure of the animals or birds, after which the magistrate may order the animals or birds to be humanely euthanized or otherwise disposed of, or to be retained by the officer or person with custody until the conviction or final discharge of the arrested person. No An animal or bird may shall not be euthanized or otherwise disposed of until four days after the order.
(2) Paragraph (1) shall apply applies only to those animals and birds seized under any of the following circumstances:
(A) After having been used in violation of any of the provisions of this code relating to the fighting of birds or animals.
(B) At the scene or site of a violation of any of the provisions of this code relating to the fighting of birds or animals.
(f) Upon the conviction of the arrested person, all property seized shall be adjudged by the court to be forfeited and shall then be, in the case of animals or birds, humanely euthanized or otherwise disposed of, and, in the case of other property, destroyed or otherwise disposed of, as the court may order. Upon the conviction of the arrested person, the court may order the person to make payment to the appropriate public entity for the costs incurred in the housing, care, feeding, and treatment of the animals or birds. Each person convicted in connection with a particular animal or bird, excluding any person convicted as a spectator pursuant to Section 597b or 597c, or subdivision (b) of Section 597.5, may be held jointly and severally liable for restitution pursuant to this subdivision. This payment shall be in addition to any other fine or other sentence ordered by the court. The court shall specify in the order that the public entity shall not enforce the order until the defendant satisfies all other outstanding fines, penalties, assessments, restitution fines, and restitution orders. The court may relieve any a convicted person of the obligation to make payment pursuant to this subdivision for good cause but shall state the reasons for that decision in the record. In the event of the acquittal or final discharge without conviction of the arrested person, the court shall, on demand, direct the delivery of the property held in custody to the owner. If the owner is unknown, the court shall order the animals or birds to be humanely euthanized or otherwise disposed of.

SECTION 1.Section 599 of the Penal Code is amended to read:
599.

Every person is guilty of a misdemeanor who does any of the following:

(a)Sells or gives away any live chicks, rabbits, ducklings, or other fowl as a prize for, or as an inducement to enter, any contest, game or other competition or as an inducement to enter a place of amusement or place of business.

(b)Dyes or otherwise artificially colors any live chicks, rabbits, ducklings or other fowl, or sells, offers for sale, or gives away any live chicks, rabbits, ducklings, or other fowl that have been dyed or artificially colored.

(c)Maintains or possesses any live chicks, rabbits, ducklings, or other fowl for the purpose of sale or display without adequate facilities for supplying food, water, and temperature control needed to maintain their health.

(d)Sells, offers for sale, barters, or for commercial purposes gives away, any live chicks, rabbits, ducklings, or other fowl on any street or highway. This section does not prohibit established hatchery management procedures or the display, or sale of natural chicks, rabbits, ducklings, or other fowl in proper facilities by dealers, hatcheries, persons who raise, sell, or deal in poultry or the products of poultry, or stores regularly engaged in the business of selling those animals.