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
AB 343   Assembly Bill – AMENDED

Amended in Assembly March 18, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 343


Introduced by Assembly Member Patterson

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(Coauthors: Assembly Members Achadjian, Bigelow, Dahle, and Maienschein)

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(Coauthor: Senator Nielsen)

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February 13, 2013


An act tobegin delete amend Section 16441end deletebegin insert add Chapter 9 (commencing with Section 17200) to Part 1 of Division 9end insert of the Food and Agricultural Code, relating to animals.

LEGISLATIVE COUNSEL’S DIGEST

AB 343, as amended, Patterson. begin deleteAnimals: at large: civil penalties. end deletebegin insertAnimal cruelty: duty to report.end insert

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Existing law establishes a variety of offenses relating to cruelty to animals.

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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.

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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.

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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.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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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.

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This bill would make nonsubstantive changes to that penalty provision.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

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begin insertSECTION 1.end insert  

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begin insertChapter 9 (commencing with Section 17200) is added to Part 1 of Division 9 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert, to read:end insert

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Chapter  begin insert9.end insert Duty to Report Animal Cruelty

 

begin insert17200.end insert  

(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.

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P3   14begin insert

begin insertSEC. 2.end insert  

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No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.

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SECTION 1.  

Section 16441 of the Food and Agricultural Code
24 is amended to read:

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16441.  

Any person that violates any provision of this part or
26any regulations issued pursuant to it is liable civilly for a penalty
27in an amount not to exceed a sum of five hundred dollars ($500)
28for each violation. Any moneys recovered pursuant to this section
29shall be paid into the Department of Food and Agriculture Fund.

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