Bill Text: CA AB343 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Animal cruelty: duty to provide documentary evidence.

Spectrum: Partisan Bill (Republican 8-0)

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  MARCH 18, 2013

INTRODUCED BY   Assembly Member Patterson
    (   Coauthors:   Assembly Members 
 Achadjian,   Bigelow,   Dahle,   and
Maienschein   ) 
    (   Coauthor:   Senator   Nielsen
 ) 

                        FEBRUARY 13, 2013

   An act to  amend Section 16441   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.  Animals: at large: civil
penalties.   Animal cruelty: duty to report.  
   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 who willfully or knowingly
photographs, records, or videotapes animal cruelty to provide a copy
of the photograph, recording, or videotape to local law enforcement
within 48 hours of taking the photograph, recording, or videotape,
and 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. This 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. 

   Because a violation of the requirement to provide a copy of the
photograph, recording, or videotape to local law enforcement, as
prescribed, would be a misdemeanor, 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.  
   Existing law prescribes the actions to be taken by a person who
finds a stray domestic animal, as defined, upon his or her premises,
or upon premises to which he or she has the right of possession, or
upon any highway which is adjacent to such premises. Any person who
violates these and related provisions is civilly liable for a penalty
not to exceed a sum of $500 for each violation.  
   This bill would make nonsubstantive changes to that penalty
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  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) Any person who willfully or knowingly photographs,
records, or videotapes animal cruelty shall provide a copy of the
photograph, recording, or videotape to local law enforcement within
48 hours of taking the photograph, recording, or videotape.
   (b) 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.
   (c) 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.  
  SECTION 1.    Section 16441 of the Food and
Agricultural Code is amended to read:
   16441.  Any person that violates any provision of this part or any
regulations issued pursuant to it is liable civilly for a penalty in
an amount not to exceed a sum of five hundred dollars ($500) for
each violation. Any moneys recovered pursuant to this section shall
be paid into the Department of Food and Agriculture Fund. 
                        
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