Bill Text: CA AB343 | 2013-2014 | Regular Session | Amended
Bill Title: Animal cruelty: duty to provide documentary evidence.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB343 Detail]
Download: California-2013-AB343-Amended.html
BILL NUMBER: AB 343 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
AMENDED IN ASSEMBLY MARCH 18, 2013
INTRODUCED BY Assembly Member Patterson
(Coauthors: Assembly Members Achadjian, Bigelow, Chávez, Dahle,
Logue, and Maienschein)
(Coauthor: Senator Nielsen)
FEBRUARY 13, 2013
An act to add Chapter 9 (commencing with Section 17200) to Part 1
of Division 9 of the Food and Agricultural Code, relating to animals.
LEGISLATIVE COUNSEL'S DIGEST
AB 343, as amended, Patterson. Animal cruelty: duty to
report. provide documentary evidence.
Existing law establishes a variety of offenses relating to cruelty
to animals.
Existing law generally provides that a person that violates
certain animal at-large provisions is guilty of a misdemeanor and
upon conviction is required to be punished by a fine of not less than
$100 nor more than $1,000, by imprisonment of not less than 10 days
nor more than 1 year, or by both the fine and imprisonment, as
prescribed.
This bill would require any person , with certain exceptions,
who willfully or knowingly photographs, records, or
videotapes documents evidence of animal cruelty
to provide a copy of the photograph, recording, or videotape
documentary evidence obtained to local law
enforcement within 48 120 hours of
taking the photograph, recording, or videotape
documentation , and would make a violation of this
requirement an infraction punishable by a fine of $250. The
bill would encourage the person to provide a copy of the photograph,
recording, or videotape to the owner of the animal or poultry, or a
representative of the owner. The bill would provide
that a person shall not be civilly or criminally liable for providing
documentary evidence of suspected animal cruelty as required by the
bill, or for providing a law enforcement agency with information
about the person or employer suspected of animal cruelty. The
bill would define animal cruelty for its purposes as any act
involving an animal, as defined, or poultry, as defined, described in
prescribed criminal offenses. The bill would enact other
related provisions.
Because a violation of the requirement to provide a copy of
the photograph, recording, or videotape
documentary evidence of animal cruelty to local law
enforcement, as prescribed, would be an infraction, this bill would
impose a state-mandated local program by creating a new crime.
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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 9 (commencing with Section 17200) is added to
Part 1 of Division 9 of the Food and Agricultural Code, to read:
CHAPTER 9. DUTY TO REPORT ANIMAL CRUELTY
17200. (a) (1) Any person , except a
person described in Section 1070 of the Evidence Code, who
willfully or knowingly documents evidence of animal cruelty, in
the form of film, image, photographs, records
print, recordings , or videotapes
animal cruelty , shall provide a copy of
the photograph, recording, or videotape the
applicable form of documentary evidence obtained by the pe
rson to local law enforcement or an associated
animal control officer within 48 120
hours of taking the photograph, recording, or
videotape. A violation of this subdivision
documentation to assist law enforcement with the timely investigation
and appropriate enforcement of suspected cases of animal cruelty.
(2) The withholding of any documentary
evidence beyond 120 hours of documentation shall be an
infraction punishable by a fine of two hundred fifty dollars ($250).
The fine shall only be imposed once against a person for
withholding documentary evidence related to incidences of animal
cruelty involving the same person or employer.
(3) This section does not apply to the inadvertent capture of an
image otherwise governed by this section through the use of video
surveillance, security systems, or other imaging systems.
(b) Nothing in this section shall limit or impede an ongoing
investigation as long as a copy of the documentary evidence is
provided to law enforcement as required by subdivision (a). Nothing
in this section shall require or encourage law enforcement agencies
to reveal the source of the documentary evidence to the employer of
the person who is the source of the material or to any person who is
suspected of animal cruelty.
(b)
(c) Retaliation against an employee by
an employer for providing a copy of a photograph,
recording, or videotape documentary evidence of
suspected animal cruelty as required by
subdivision (a) is prohibited as provided in Section 1102.5 of the
Labor Code.
(c) Any person who willfully or knowingly photographs, records, or
videotapes animal cruelty is encouraged to provide a copy of the
photograph, recording, or videotape to the owner of the animal or
poultry, or a representative of the owner.
(d) A person shall not be civilly or criminally liable for
providing documentary evidence of suspected animal cruelty as
required by this section.
(e) Any person providing documentary evidence of suspected animal
cruelty pursuant to this section who, at the request of a law
enforcement agency, provides the agency with information about the
person or employer suspected of animal cruelty shall not incur civil
or criminal liability as a result of providing that information.
(f) The Department of Food and Agriculture may, but is not
required to, report to law enforcement or to the district attorney an
individual suspected of failing to provide documentary evidence of
suspected animal cruelty as required pursuant to subdivision (a).
(d)
(g) For purposes of this section, the following terms
are defined as follows:
(1) "Animal" has the meaning set forth in Section 16302.
(2) "Animal cruelty" means any act involving an animal or poultry
described in one or more of the following provisions:
(A) Subdivision (a), (b), or (c) of Section 597 of the Penal Code.
(B) Section 597a of the Penal Code.
(C) Section 597b of the Penal Code.
(D) Section 597c of the Penal Code.
(E) Section 597g of the Penal Code.
(F) Section 597h of the Penal Code.
(G) Section 597k of the Penal Code.
(H) Section 597n of the Penal Code.
(I) Section 597.1 of the Penal Code.
(3) "Poultry" has the meaning set forth in Section 18675.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
