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 April 11, 2013

Amended in Assembly April 1, 2013

Amended in Assembly March 18, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 343


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 tobegin delete report. end deletebegin insert provide documentary evidence.end insert

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 personbegin insert, with certain exceptions,end insert who willfully or knowinglybegin delete photographs, records, or videotapesend deletebegin insert documents evidence ofend insert animal cruelty to provide a copy of thebegin delete photograph, recording, or videotapeend deletebegin insert documentary evidence obtainedend insert to local law enforcement withinbegin delete 48end deletebegin insert 120end insert hours ofbegin delete taking the photograph, recording, or videotapeend deletebegin insert documentationend insert, and would make a violation of this requirement an infraction punishable by a fine of $250.begin delete 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.end deletebegin insert 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.end insert 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.begin insert The bill would enact other related provisions.end insert

Because a violation of the requirement to provide a copy ofbegin delete the photograph, recording, or videotapeend deletebegin insert documentary evidence of animal crueltyend insert 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:

P2    1

SECTION 1.  

Chapter 9 (commencing with Section 17200) is
2added to Part 1 of Division 9 of the Food and Agricultural Code,
3to read:

4 

5Chapter  9. Duty to Report Animal Cruelty
6

 

7

17200.  

(a) begin insert(1)end insertbegin insertend insert Any personbegin insert, except a person described in
8Section 1070 of the Evidence Code,end insert
who willfully or knowingly
9begin insert documents evidence of animal cruelty, in the form of film, image,end insert
10 photographs,begin delete recordsend deletebegin insert print, recordingsend insert, or videotapesbegin delete animal
11crueltyend delete
begin insert,end insert shall provide a copy ofbegin delete the photograph, recording, or
12videotapeend delete
begin insert the applicable form of documentary evidence obtained
13by the personend insert
to local law enforcementbegin insert end insertbegin insertor an associated animal
P3    1control officerend insert
withinbegin delete 48end deletebegin insert 120end insert hours ofbegin delete taking the photograph,
2recording, or videotape. A violation of this subdivisionend delete

3begin insert documentation to assist law enforcement with the timely
4investigation and appropriate enforcement of suspected cases of
5animal cruelty.end insert

6begin insert(2)end insertbegin insertend insertbegin insertThe withholding of any documentary evidence beyond 120
7hours of documentationend insert
shall be an infraction punishable by a fine
8of two hundred fifty dollars ($250).begin insert The fine shall only be imposed
9once against a person for withholding documentary evidence
10related to incidences of animal cruelty involving the same person
11or employer.end insert

begin insert

12(3) This section does not apply to the inadvertent capture of an
13image otherwise governed by this section through the use of video
14surveillance, security systems, or other imaging systems.

end insert
begin insert

15(b) Nothing in this section shall limit or impede an ongoing
16investigation as long as a copy of the documentary evidence is
17provided to law enforcement as required by subdivision (a).
18Nothing in this section shall require or encourage law enforcement
19agencies to reveal the source of the documentary evidence to the
20employer of the person who is the source of the material or to any
21person who is suspected of animal cruelty.

end insert
begin delete

22(b)

end delete

23begin insert(c)end insert Retaliation against an employeebegin insert end insertbegin insertby an employerend insert for providing
24begin delete a copy of a photograph, recording, or videotapeend deletebegin insert documentary
25evidenceend insert
ofbegin insert end insertbegin insertsuspectedend insert animal cruelty as required by subdivision
26(a) is prohibited as provided in Section 1102.5 of the Labor Code.

begin delete

27(c) Any person who willfully or knowingly photographs, records,
28or videotapes animal cruelty is encouraged to provide a copy of
29the photograph, recording, or videotape to the owner of the animal
30or poultry, or a representative of the owner.

end delete
begin insert

31(d) A person shall not be civilly or criminally liable for
32providing documentary evidence of suspected animal cruelty as
33required by this section.

end insert
begin insert

34(e) Any person providing documentary evidence of suspected
35animal cruelty pursuant to this section who, at the request of a
36law enforcement agency, provides the agency with information
37about the person or employer suspected of animal cruelty shall
38not incur civil or criminal liability as a result of providing that
39information.

end insert
begin insert

P4    1(f) The Department of Food and Agriculture may, but is not
2required to, report to law enforcement or to the district attorney
3an individual suspected of failing to provide documentary evidence
4of suspected animal cruelty as required pursuant to subdivision
5(a).

end insert
begin delete

6(d)

end delete

7begin insert(g)end insert For purposes of this section, the following terms are defined
8as follows:

9(1) “Animal” has the meaning set forth in Section 16302.

10(2) “Animal cruelty” means any act involving an animal or
11poultry described in one or more of the following provisions:

12(A) Subdivision (a), (b), or (c) of Section 597 of the Penal Code.

13(B) Section 597a of the Penal Code.

14(C) Section 597b of the Penal Code.

15(D) Section 597c of the Penal Code.

16(E) Section 597g of the Penal Code.

17(F) Section 597h of the Penal Code.

18(G) Section 597k of the Penal Code.

19(H) Section 597n of the Penal Code.

20(I) Section 597.1 of the Penal Code.

21(3) “Poultry” has the meaning set forth in Section 18675.

22

SEC. 2.  

No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.



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