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  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.
   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  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.  This   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.
   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   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) 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.  A
violation of this subdivision shall be an infraction punishable by a
fine of two hundred fifty dollars ($250).  
   (b) Retaliation against an employee for providing a copy of a
photograph, recording, or videotape of animal cruelty as required by
subdivision (a) is prohibited as provided in Section 1102.5 of the
Labor Code.  
   (b) 
    (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. 
   (c) 
    (d)  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.                                       
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