Animal abuse: forfeiture.
What changed between versions
The bill now amends Section 597.1 of the Penal Code in addition to adding new Sections 600.9 and 600.10, broadening its reach from a standalone forfeiture mechanism to a comprehensive overhaul of animal seizure and impoundment procedures.
The cost liability provision (subdivision h) now applies to animals seized 'pursuant to any other provision of California law' or pursuant to a search warrant, not just those seized under Section 597.1 itself.
New preseizure hearing requirement: when immediate seizure is not needed, the agency must give the owner notice and an opportunity for a hearing before seizing the animal. The owner has 2 days (excluding weekends/holidays) to request the hearing, which must be held within 48 hours.
New postseizure hearing requirement: when prompt action is taken to protect health or safety, the owner must be notified within 48 hours and has 10 days (including weekends/holidays) to request a hearing, which must be held within 48 hours of the request.
New tranquilizer use provisions: animal control officers may possess and administer controlled-substance tranquilizers only if they have veterinary-approved training, completed a firearms course under Section 832, have agency authorization, completed euthanasia training, and passed a background check with no drug or alcohol convictions.
Record-keeping requirement: animal control agencies must maintain records of an animal's whereabouts from possession through end of impoundment, available for public inspection for 3 years after impoundment ends.
Owner cost liability: the full cost of seizure and care is a lien on the animal. If charges are not paid within 14 days of seizure or 14 days of notice of availability, the animal is deemed abandoned and may be euthanized or disposed of.
Upon conviction for violations of Section 597.1, 597, or 597a, all seized animals are forfeited and the convicted person is jointly and severally liable for all impoundment costs in addition to any fine or sentence.
Field euthanasia authority: officers may humanely euthanize a stray or abandoned animal in the field with immediate superior approval when the animal is too severely injured to move or a veterinarian is unavailable.
Upon acquittal or final discharge without conviction, if the animal has not been deemed abandoned or previously forfeited, the court must direct release of the animal to the defendant upon proof of ownership.
Veterinarian immunity: no veterinarian is criminally or civilly liable for decisions made or services provided under the injured cat/dog transfer provisions (subdivision c).
The state-mandated local program designation in the digest changed from 'yes' to 'yes no,' suggesting a pending or revised fiscal determination.