BILL NUMBER: AB 1045 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2013
INTRODUCED BY Assembly Member Blumenfield
Quirk-Silva
FEBRUARY 22, 2013
An act to amend Section 4827 of the Business and
Professions Code, to amend Sections 1834.6, 1834.7, 1846, and 1847 of
the Civil Code, to amend Sections 17003, 31607, 31621, 31622, 32001,
and 32003 of the Food and Agricultural Code, to amend Sections
121916 and 122322 of the Health and Safety Code, and to amend
Sections 597, 597.1, 597.2, 597e, 597f, 597u, 597v, and 599e of the
Penal Code, relating to animal shelters. An act to
amend Sections 4112 and 4127.2 of, and to add Section 4127.9 to, the
Business and Professions Code, relating to pharmacy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1045, as amended, Blumenfield
Quirk-Silva . Animal shelters. Sterile
compounding pharmacies.
Existing law, the Pharmacy Law, provides for the licensure and
regulation of pharmacies in this state by the California State Board
of Pharmacy. A violation of these provisions is a crime.
Existing law provides that a pharmacy located outside this state
that ships, mails, or delivers, in any manner, controlled substances,
dangerous drugs, or dangerous devices into this state shall be
considered a nonresident pharmacy. Existing law prohibits a person
from acting as a nonresident pharmacy unless he or she has obtained a
license from the board, and authorizes the board to register a
nonresident pharmacy that is organized as a limited liability company
in the state in which it is licensed. The law also prohibits a
resident or nonresident pharmacy from compounding injectable sterile
drug products for shipment into this state without a license issued
by the board, and authorizes a license to compound injectable sterile
drug products to be issued only for a location that is licensed as a
nonresident pharmacy.
This bill would provide that if the home state pharmacy license
of a nonresident pharmacy is revoked or suspended for any reason, any
license issued pursuant to provisions governing the licensing and
registration of nonresident pharmacies and authorizing a nonresident
pharmacy to compound injectable sterile drug products shall be
immediately revoked or suspended by operation of law.
The bill would also require a resident or a nonresident pharmacy
that issues a recall notice regarding a sterile compounded drug to
contact the recipient pharmacy, prescriber, or patient of the
recalled drug and the board within 24 hours of the recall notice if
use of or exposure to the recalled drug may cause serious adverse
health consequences or death and if the recalled drug was dispensed
or is intended for use in this state. Because a violation of these
requirements would be a crime, the bill would impose a state-mandated
local program.
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 governs the seizure, rescue, adoption, and euthanasia
of abandoned and surrendered animals by animal shelters and rescue
organizations.
This bill would make technical, nonsubstantive changes to those
provisions by replacing references to a "pound" with references to an
"animal shelter" and by replacing references to destroying an animal
with references to humanely euthanizing the animal.
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. Section 4112 of the Business
and Professions Code is amended to read:
4112. (a) Any pharmacy located outside this state that ships,
mails, or delivers, in any manner, controlled substances, dangerous
drugs, or dangerous devices into this state shall be considered a
nonresident pharmacy.
(b) A person may not act as a nonresident pharmacy unless he or
she has obtained a license from the board. The board may register a
nonresident pharmacy that is organized as a limited liability company
in the state in which it is licensed.
(c) A nonresident pharmacy shall disclose to the board the
location, names, and titles of (1) its agent for service of process
in this state, (2) all principal corporate officers, if any, (3) all
general partners, if any, and (4) all pharmacists who are dispensing
controlled substances, dangerous drugs, or dangerous devices to
residents of this state. A report containing this information shall
be made on an annual basis and within 30 days after any change of
office, corporate officer, partner, or pharmacist.
(d) All nonresident pharmacies shall comply with all lawful
directions and requests for information from the regulatory or
licensing agency of the state in which it is licensed as well as with
all requests for information made by the board pursuant to this
section. The nonresident pharmacy shall maintain, at all times, a
valid unexpired license, permit, or registration to conduct the
pharmacy in compliance with the laws of the state in which it is a
resident. As a prerequisite to registering with the board, the
nonresident pharmacy shall submit a copy of the most recent
inspection report resulting from an inspection conducted by the
regulatory or licensing agency of the state in which it is located.
If the home state pharmacy license of a nonresident pharmacy is
revoked or suspended for any reason, any license issued pursuant to
this section shall be immediately revoked or suspended by operation
of law.
(e) All nonresident pharmacies shall maintain records of
controlled substances, dangerous drugs, or dangerous devices
dispensed to patients in this state so that the records are readily
retrievable from the records of other drugs dispensed.
(f) Any pharmacy subject to this section shall, during its regular
hours of operation, but not less than six days per week, and for a
minimum of 40 hours per week, provide a toll-free telephone service
to facilitate communication between patients in this state and a
pharmacist at the pharmacy who has access to the patient's records.
This toll-free telephone number shall be disclosed on a label affixed
to each container of drugs dispensed to patients in this state.
(g) A nonresident pharmacy shall not permit a pharmacist whose
license has been revoked by the board to manufacture, compound,
furnish, sell, dispense, or initiate the prescription of a dangerous
drug or dangerous device, or to provide any pharmacy-related service,
to a person residing in California.
(h) The board shall adopt regulations that apply the same
requirements or standards for oral consultation to a nonresident
pharmacy that operates pursuant to this section and ships, mails, or
delivers any controlled substances, dangerous drugs, or dangerous
devices to residents of this state, as are applied to an in-state
pharmacy that operates pursuant to Section 4037 when the pharmacy
ships, mails, or delivers any controlled substances, dangerous drugs,
or dangerous devices to residents of this state. The board shall not
adopt any regulations that require face-to-face consultation for a
prescription that is shipped, mailed, or delivered to the patient.
The regulations adopted pursuant to this subdivision shall not result
in any unnecessary delay in patients receiving their medication.
(i) The registration fee shall be the fee specified in subdivision
(a) of Section 4400.
(j) The registration requirements of this section shall apply only
to a nonresident pharmacy that ships, mails, or delivers controlled
substances, dangerous drugs, and dangerous devices into this state
pursuant to a prescription.
(k) Nothing in this section shall be construed to authorize the
dispensing of contact lenses by nonresident pharmacists except as
provided by Section 4124.
SEC. 2. Section 4127.2 of the Business
and Professions Code is amended to read:
4127.2. (a) A nonresident pharmacy may not compound injectable
sterile drug products for shipment into the State of California
without a license issued by the board pursuant to this section. The
license shall be renewed annually and shall not be transferable.
(b) A license to compound injectable sterile drug products may
only be issued for a location that is licensed as a nonresident
pharmacy. Furthermore, the license to compound injectable sterile
drug products may only be issued to the owner of the nonresident
pharmacy license at that location. If the home state pharmacy
license of a nonresident pharmacy is revoked or suspended for any
reason, any license issued pursuant to Section 4112 or
this section shall be immediately revoked or suspended by operation
of law. A license to compound injectable sterile drug products
may not be issued or renewed until the board receives the following
from the nonresident pharmacy:
(1) A copy of an inspection report issued by the pharmacy's
licensing agency, or a report from a private accrediting agency
approved by the board, in the prior 12 months documenting the
pharmacy's compliance with board regulations regarding the
compounding of injectable sterile drug products.
(2) A copy of the nonresident pharmacy's proposed policies and
procedures for sterile compounding.
(c) Nonresident pharmacies operated by entities that are licensed
as a hospital, home health agency, or a skilled nursing facility and
have current accreditation from the Joint Commission on Accreditation
of Healthcare Organizations, or other private accreditation agencies
approved by the board, are exempt from the requirement to obtain a
license pursuant to this section.
(d) This section shall become effective on the earlier of July 1,
2003, or the effective date of regulations adopted by the board
pursuant to Section 4127.
SEC. 3. Section 4127.9 is added to the
Business and Professions Code , to read:
4127.9. (a) A pharmacy licensed pursuant to Section 4127.1 or
4127.2, including a pharmacy that is exempt from licensure pursuant
to subdivision (d) of Section 4127.1 and subdivision (c) of Section
4127.2, that issues a recall notice regarding a sterile compounded
drug shall, in addition to any other duties, contact the recipient
pharmacy, prescriber, or patient of the recalled drug and the board
within 24 hours of the recall notice if both of the following apply:
(1) Use of or exposure to the recalled drug may cause serious
adverse health consequences or death.
(2) The recalled drug was dispensed, or is intended for use, in
this state.
(b) A recall notice issued pursuant to subdivision (a) shall be
made as follows:
(1) If the recalled drug was dispensed directly to the patient,
the notice shall be made to the patient.
(2) If the recalled drug was dispensed directly to the prescriber,
the notice shall be made to the prescriber, who shall ensure the
patient is notified.
(3) If the recalled drug was dispensed directly to a pharmacy, the
notice shall be made to the pharmacy, who shall notify the
prescriber or patient, as appropriate. If the pharmacy notifies the
prescriber, the prescriber shall ensure the patient is notified.
SEC. 4. 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 4827 of the Business and
Professions Code is amended to read:
4827. Nothing in this chapter prohibits any person from:
(a) Practicing veterinary medicine as a bona fide owner of one's
own animals. This exemption applies to the following:
(1) The owner's bona fide employees.
(2) Any person assisting the owner, provided that the practice is
performed gratuitously.
(b) Lay testing of poultry by the whole blood agglutination test.
For purposes of this section, "poultry" means flocks of avian species
maintained for food production, including, but not limited to,
chickens, turkeys, and exotic fowl.
(c) Making any determination as to the status of pregnancy,
sterility, or infertility upon livestock, equine, or food animals at
the time an animal is being inseminated, providing no charge is made
for this determination.
(d) Administering sodium pentobarbital for euthanasia of sick,
injured, homeless, or surrendered domestic pets or animals without
the presence of a veterinarian when the person is an employee of an
animal control shelter and its agencies or humane society and has
received proper training in the administration of sodium
pentobarbital for these purposes.
SEC. 2. Section 1834.6 of the Civil Code is
amended to read:
1834.6. An abandoned animal, as described in Section 1834.5,
shall not be used for scientific or any other type of
experimentation, nor shall such an abandoned animal be turned over to
an animal shelter or animal regulation department of a public
agency.
SEC. 3. Section 1834.7 of the Civil Code is
amended to read:
1834.7. (a) In any animal shelter or animal regulation department
of a public or private agency where animals are turned over dead or
alive to a biological supply facility or a research facility, a sign
(measuring a minimum of 28 x 21 cm-- 11 x 81/2 inches --with
lettering of a minimum of 3.2 cm high and 1.2 cm wide-- 11/4 x 1/2
inch --(91 point)) stating:
"Animals Turned In To This Shelter May Be Used For Research Purposes
or to Supply Blood, Tissue, or Other Biological Products"
shall be posted in a place where it will be clearly visible to a
majority of persons when turning animals over to the shelter. This
statement shall also be included on owner surrender forms. The owner
surrender forms shall also include the definition of "biological
supply facility" contained in subdivision (c).
(b) For purposes of this section, "animal research facility"
includes any laboratory, firm, association, corporation,
copartnership, and educational institution.
(c) For purposes of this section, "biological supply facility"
includes any blood bank, laboratory, firm, association, corporation,
copartnership, or educational institution that sells biological
materials such as blood or animals, either alive or dead, to research
facilities, educational institutions, or veterinarians.
SEC. 4. Section 1846 of the Civil Code is
amended to read:
1846. (a) A gratuitous depositary must use, at least, slight care
for the preservation of the thing deposited.
(b) A gratuitous depositary of a living animal shall provide the
animal with necessary and prompt veterinary care, adequate nutrition
and water, and shelter, and shall treat it humanely and, if the
animal has any identification, make reasonable attempts to notify the
owner of the animal's location. Any gratuitous depositary that does
not have sufficient resources or desire to provide that care shall
promptly turn the animal over to an appropriate care facility.
(c) If the gratuitous depositary of a living animal is a public
animal shelter, shelter operated by a society for the prevention of
cruelty to animals, or humane shelter, the depositary shall comply
with all other requirements of the Food and Agricultural Code
regarding the impounding of live animals.
SEC. 5. Section 1847 of the Civil Code is
amended to read:
1847. The duties of a gratuitous depositary cease:
(a) Upon restoration by the depositary of the thing deposited to
its owner.
(b) Upon reasonable notice given by the depositary to the owner to
remove it, and the owner failing to do so within a reasonable time.
But an involuntary depositary, under subdivision (b) of Section 1815,
may not give notice until the emergency that gave rise to the
deposit is past. This subdivision shall not apply to a public animal
shelter, a shelter operated by a society for the prevention of
cruelty to animals, or a humane shelter. The duty to provide care, as
required by Section 1846, continues until the public or private
animal shelter is lawfully relieved of responsibility for the animal.
SEC. 6. Section 17003 of the Food and
Agricultural Code is amended to read:
17003. (a) Except as provided in this section, this chapter does
not affect any law, ordinance, or regulation regarding estrays, the
shelter director, or other animal control officer, or a public animal
control agency or shelter within the limits of any city or county
where those laws, ordinances, or regulations are in force.
(b) Upon the impounding of any bovine animal, horse, mule, or
burro, the shelter director, other animal control officer, or public
animal control agency or shelter shall immediately notify the
secretary. Upon receipt of that notice, the secretary shall take
possession of any bovine animal and shall dispose of it pursuant to
this chapter.
(c) Any city, county, or city and county that establishes or has
established laws, ordinances, or regulations regarding estrays, may
opt to follow those laws, ordinances, or regulations instead of this
chapter in the handling of estrays that are not bovine animals in
accordance with the applicable laws, ordinances, or regulations of
the city, county, or city and county.
(d) This section does not authorize any act that violates Section
597 of the Penal Code.
SEC. 7. Section 31607 of the Food and
Agricultural Code is amended to read:
31607. "Impounded" means taken into the custody of the public
animal shelter or animal control department or provider of animal
control services to the city or county where the potentially
dangerous or vicious dog is found.
SEC. 8. Section 31621 of the Food and
Agricultural Code is amended to read:
31621. If an animal control officer or a law enforcement officer
has investigated and determined that there exists probable cause to
believe that a dog is potentially dangerous or vicious, the chief
officer of the public animal shelter or animal control department or
his or her immediate supervisor or the head of the local law
enforcement agency, or his or her designee, shall petition the
superior court of the county wherein the dog is owned or kept for a
hearing for the purpose of determining whether or not the dog in
question should be declared potentially dangerous or vicious. A
proceeding under this section is a limited civil case. A city or
county may establish an administrative hearing procedure to hear and
dispose of petitions filed pursuant to this chapter. Whenever
possible, any complaint received from a member of the public which
serves as the evidentiary basis for the animal control officer or law
enforcement officer to find probable cause shall be sworn to and
verified by the complainant and shall be attached to the petition.
The chief officer of the public animal shelter or animal control
department or head of the local law enforcement agency shall notify
the owner or keeper of the dog that a hearing will be held by the
superior court or the hearing entity, as the case may be, at which
time he or she may present evidence as to why the dog should not be
declared potentially dangerous or vicious. The owner or keeper of the
dog shall be served with notice of the hearing and a copy of the
petition, either personally or by first-class mail with return
receipt requested. The hearing shall be held promptly within no less
than five working days nor more than 10 working days after service of
notice upon the owner or keeper of the dog. The hearing shall be
open to the public. The court may admit into evidence all relevant
evidence, including incident reports and the affidavits of witnesses,
limit the scope of discovery, and may shorten the time to produce
records or witnesses. A jury shall not be available. The court may
find, upon a preponderance of the evidence, that the dog is
potentially dangerous or vicious and make other orders authorized by
this chapter.
SEC. 9. Section 31622 of the Food and
Agricultural Code is amended to read:
31622. (a) After the hearing conducted pursuant to Section 31621,
the owner or keeper of the dog shall be notified in writing of the
determination and orders issued, either personally or by first-class
mail postage prepaid by the court or hearing entity. If a
determination is made that the dog is potentially dangerous or
vicious, the owner or keeper shall comply with Article 3 (commencing
with Section 31641) in accordance with a time schedule established by
the chief officer of the public animal shelter or animal control
department or the head of the local law enforcement agency, but in no
case more than 30 days after the date of the determination or 35
days if notice of the determination is mailed to the owner or keeper
of the dog. If the petitioner or the owner or keeper of the dog
contests the determination, he or she may, within five days of the
receipt of the notice of determination, appeal the decision of the
court or hearing entity of original jurisdiction. The fee for filing
an appeal, payable to the clerk of the court, is as provided in
subdivision (b) of Section 70626 of the Government Code. If the
original hearing held pursuant to Section 31621 was before a hearing
entity other than a court of the jurisdiction, appeal shall be to the
superior court. If the original hearing was held in the superior
court, appeal shall be to the superior court before a judge other
than the judge who originally heard the petition. The petitioner or
the owner or keeper of the dog shall serve personally or by
first-class mail, postage prepaid, notice of the appeal upon the
other party.
(b) The court hearing the appeal shall conduct a hearing de novo,
without a jury, and make its own determination as to potential danger
and viciousness and make other orders authorized by this chapter,
based upon the evidence presented. The hearing shall be conducted in
the same manner and within the time periods set forth in Section
31621 and subdivision (a). The court may admit all relevant evidence,
including incident reports and the affidavits of witnesses, limit
the scope of discovery, and may shorten the time to produce records
or witnesses. The issue shall be decided upon the preponderance of
the evidence. If the court rules the dog to be potentially dangerous
or vicious, the court may establish a time schedule to ensure
compliance with this chapter, but in no case more than 30 days
subsequent to the date of the court's determination or 35 days if the
service of the judgment is by first-class mail.
SEC. 10. Section 32001 of the Food and
Agricultural Code is amended to read:
32001. All public animal shelters, shelters operated by societies
for the prevention of cruelty to animals, and humane shelters, that
contract to perform public animal control services, shall provide the
owners of lost animals and those who find lost animals with all of
the following:
(a) Ability to list the animals they have lost or found on "Lost
and Found" lists maintained by the animal shelter.
(b) Referrals to animals listed that may be the animals the owners
or finders have lost or found.
(c) The telephone numbers and addresses of other animal shelters
in the same vicinity.
(d) Advice as to means of publishing and disseminating information
regarding lost animals.
(e) The telephone numbers and addresses of volunteer groups that
may be of assistance in locating lost animals.
The duties imposed by this section are mandatory duties for public
entities for all purposes of the Government Code and for all private
entities with which a public entity has contracted to perform those
duties.
SEC. 11. Section 32003 of the Food and
Agricultural Code is amended to read:
32003. All public and private animal shelters shall keep accurate
records on each animal taken up, medically treated, or impounded.
The records shall include all of the following information and any
other information required by the California Veterinary Medical
Board:
(a) The date the animal was taken up, medically treated,
euthanized, or impounded.
(b) The circumstances under which the animal was taken up,
medically treated, euthanized, or impounded.
(c) The names of the personnel who took up, medically treated,
euthanized, or impounded the animal.
(d) A description of any medical treatment provided to the animal
and the name of the veterinarian of record.
(e) The final disposition of the animal, including the name of the
person who euthanized the animal or the name and address of the
adopting party. These records shall be maintained for three years
after the date the animal's impoundment ends.
SEC. 12. Section 121916 of the Health and
Safety Code is amended to read:
121916. (a) Any person or owner of an attack, guard, or sentry
dog that operates or maintains a business to sell, rent, or train an
attack, guard, or sentry dog shall obtain a permit from the local
public agency or private society or animal shelter contracting with
the local public agency for animal care or protection services.
(b) Each local agency shall adopt and implement a permit program
for the administration of subdivision (a) by the local agency or
private society or animal shelter contracting with the local public
agency for animal care or protection services. A local agency may
charge a fee for the issuance or renewal of a permit required under
this section. The fee shall not exceed the actual costs for the
implementation of the permit program.
(c) For purposes of this section, "local public agency" means a
city, county, or city and county.
SEC. 13. Section 122322 of the Health and
Safety Code is amended to read:
122322. (a) Any person violating any provision of this chapter
shall be subject to a civil penalty of up to one thousand dollars
($1,000) per violation. The action may be prosecuted in the name of
the people of the State of California by the district attorney for
the county where the violation occurred in the appropriate court or
by the city attorney in the city where the violation occurred.
(b) Nothing in this chapter limits or authorizes any act or
omission that violates Section 597 of the Penal Code.
(c) Nothing in this chapter shall authorize the seizure of an
unweaned bird by a peace officer, officer of a humane society, or
officer of an animal shelter or animal regulation department of a
public agency.
SEC. 14. Section 597 of the Penal Code is
amended to read:
597. (a) Except as provided in subdivision (c) of this section or
Section 599c, every person who maliciously and intentionally maims,
mutilates, tortures, or wounds a living animal, or maliciously and
intentionally kills an animal, is guilty of a crime punishable
pursuant to subdivision (d).
(b) Except as otherwise provided in subdivision (a) or (c), every
person who overdrives, overloads, drives when overloaded, overworks,
tortures, torments, deprives of necessary sustenance, drink, or
shelter, cruelly beats, mutilates, or cruelly kills any animal, or
causes or procures any animal to be so overdriven, overloaded, driven
when overloaded, overworked, tortured, tormented, deprived of
necessary sustenance,
drink, shelter, or to be cruelly beaten, mutilated, or cruelly
killed; and whoever, having the charge or custody of any animal,
either as owner or otherwise, subjects any animal to needless
suffering, or inflicts unnecessary cruelty upon the animal, or in any
manner abuses any animal, or fails to provide the animal with proper
food, drink, or shelter or protection from the weather, or who
drives, rides, or otherwise uses the animal when unfit for labor, is,
for each offense, guilty of a crime punishable pursuant to
subdivision (d).
(c) Every person who maliciously and intentionally maims,
mutilates, or tortures any mammal, bird, reptile, amphibian, or fish,
as described in subdivision (e), is guilty of a crime punishable
pursuant to subdivision (d).
(d) A violation of subdivision (a), (b), or (c) is punishable as
a felony by imprisonment pursuant to subdivision (h) of Section 1170,
or by a fine of not more than twenty thousand dollars ($20,000), or
by both that fine and imprisonment, or alternatively, as a
misdemeanor by imprisonment in a county jail for not more than one
year, or by a fine of not more than twenty thousand dollars
($20,000), or by both that fine and imprisonment.
(e) Subdivision (c) applies to any mammal, bird, reptile,
amphibian, or fish which is a creature described as follows:
(1) Endangered species or threatened species as described in
Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code.
(2) Fully protected birds described in Section 3511 of the Fish
and Game Code.
(3) Fully protected mammals described in Chapter 8 (commencing
with Section 4700) of Part 3 of Division 4 of the Fish and Game Code.
(4) Fully protected reptiles and amphibians described in Chapter 2
(commencing with Section 5050) of Division 5 of the Fish and Game
Code.
(5) Fully protected fish as described in Section 5515 of the Fish
and Game Code.
This subdivision does not supersede or affect any provisions of
law relating to taking of the described species, including, but not
limited to, Section 12008 of the Fish and Game Code.
(f) For the purposes of subdivision (c), each act of malicious and
intentional maiming, mutilating, or torturing a separate specimen of
a creature described in subdivision (e) is a separate offense. If
any person is charged with a violation of subdivision (c), the
proceedings shall be subject to Section 12157 of the Fish and Game
Code.
(g) (1) Upon the conviction of a person charged with a violation
of this section by causing or permitting an act of cruelty, as
defined in Section 599b, all animals lawfully seized and impounded
with respect to the violation by a peace officer, officer of a humane
society, or officer of an animal shelter or animal regulation
department of a public agency shall be adjudged by the court to be
forfeited and shall thereupon be awarded to the impounding officer
for proper disposition. A person convicted of a violation of this
section by causing or permitting an act of cruelty, as defined in
Section 599b, shall be liable to the impounding officer for all costs
of impoundment from the time of seizure to the time of proper
disposition.
(2) Mandatory seizure or impoundment shall not apply to animals in
properly conducted scientific experiments or investigations
performed under the authority of the faculty of a regularly
incorporated medical college or university of this state.
(h) Notwithstanding any other law, if a defendant is granted
probation for a conviction under this section, the court shall order
the defendant to pay for, and successfully complete, counseling, as
determined by the court, designed to evaluate and treat behavior or
conduct disorders. If the court finds that the defendant is
financially unable to pay for that counseling, the court may develop
a sliding fee schedule based upon the defendant's ability to pay. An
indigent defendant may negotiate a deferred payment schedule, but
shall pay a nominal fee if the defendant has the ability to pay the
nominal fee. County mental health departments or Medi-Cal shall be
responsible for the costs of counseling required by this section only
for those persons who meet the medical necessity criteria for mental
health managed care pursuant to Section 1830.205 of Title 9 of the
California Code of Regulations or the targeted population criteria
specified in Section 5600.3 of the Welfare and Institutions Code. The
counseling specified in this subdivision shall be in addition to any
other terms and conditions of probation, including any term of
imprisonment and any fine. This provision specifies a mandatory
additional term of probation and is not to be utilized as an
alternative in lieu of imprisonment pursuant to subdivision (h) of
Section 1170 or county jail when that sentence is otherwise
appropriate. If the court does not order custody as a condition of
probation for a conviction under this section, the court shall
specify on the court record the reason or reasons for not ordering
custody. This subdivision shall not apply to cases involving police
dogs or horses as described in Section 600.
SEC. 15. Section 597.1 of the Penal Code is
amended to read:
597.1. (a) (1) Every owner, driver, or keeper of any animal who
permits the animal to be in any building, enclosure, lane, street,
square, or lot of any city, county, city and county, or judicial
district without proper care and attention is guilty of a
misdemeanor. Any peace officer, humane society officer, or animal
control officer shall take possession of the stray or abandoned
animal and shall provide care and treatment for the animal until the
animal is deemed to be in suitable condition to be returned to the
owner. When the officer has reasonable grounds to believe that very
prompt action is required to protect the health or safety of the
animal or the health or safety of others, the officer shall
immediately seize the animal and comply with subdivision (f). In all
other cases, the officer shall comply with the provisions of
subdivision (g). The full cost of caring for and treating any animal
properly seized under this subdivision or pursuant to a search
warrant shall constitute a lien on the animal and the animal shall
not be returned to its owner until the charges are paid, if the
seizure is upheld pursuant to this section.
(2) Notwithstanding any other law, if an animal control officer or
humane officer, when necessary to protect the health and safety of a
wild, stray, or abandoned animal or the health and safety of others,
seeks to administer a tranquilizer that contains a controlled
substance, as defined in Division 10 (commencing with Section 11000)
of the Health and Safety Code, to gain control of that animal, he or
she may possess and administer that tranquilizer with direct or
indirect supervision as determined by a licensed veterinarian,
provided that the officer has met each of the following requirements:
(A) Has received training in the administration of tranquilizers
from a licensed veterinarian. The training shall be approved by the
California Veterinary Medical Board.
(B) Has successfully completed the firearms component of a course
relating to the exercise of police powers, as set forth in Section
832.
(C) Is authorized by his or her agency or organization to possess
and administer the tranquilizer in accordance with a policy
established by the agency or organization and approved by the
veterinarian who obtained the controlled substance.
(D) Has successfully completed the euthanasia training set forth
in Section 2039 of Title 16 of the California Code of Regulations.
(E) Has completed a state and federal fingerprinting background
check and does not have any drug- or alcohol-related convictions.
(b) Every sick, disabled, infirm, or crippled animal, except a dog
or cat, that is abandoned in any city, county, city and county, or
judicial district may be humanely euthanized by the officer if, after
a reasonable search, no owner of the animal can be found. It shall
be the duty of all peace officers, humane society officers, and
animal control officers to cause the animal to be humanely euthanized
or rehabilitated and placed in a suitable home on information that
the animal is stray or abandoned. The officer may likewise take
charge of any animal, including a dog or cat, that by reason of
lameness, sickness, feebleness, or neglect, is unfit for the labor it
is performing, or that in any other manner is being cruelly treated,
and provide care and treatment for the animal until it is deemed to
be in a suitable condition to be returned to the owner. When the
officer has reasonable grounds to believe that very prompt action is
required to protect the health or safety of an animal or the health
or safety of others, the officer shall immediately seize the animal
and comply with subdivision (f). In all other cases, the officer
shall comply with subdivision (g). The full cost of caring for and
treating any animal properly seized under this subdivision or
pursuant to a search warrant shall constitute a lien on the animal
and the animal shall not be returned to its owner until the charges
are paid.
(c) (1) Any peace officer, humane society officer, or animal
control officer shall convey all injured cats and dogs found without
their owners in a public place directly to a veterinarian known by
the officer to be a veterinarian who ordinarily treats dogs and cats
for a determination of whether the animal shall be immediately and
humanely euthanized or shall be hospitalized under proper care and
given emergency treatment.
(2) If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal. If the animal is treated and recovers from
its injuries, the veterinarian may keep the animal for purposes of
adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.
(3) Whenever any animal is transferred to a veterinarian in a
clinic, such as an emergency clinic that is not in continuous
operation, the veterinarian may, in turn, transfer the animal to an
appropriate facility.
(4) If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services that are provided pending the owner's inquiry
to the responsible agency, department, or society shall be paid from
the dog license fees, fines, and fees for impounding dogs in the
city, county, or city and county in which the animal was licensed or,
if the animal is unlicensed, shall be paid by the jurisdiction in
which the animal was found, subject to the provision that this cost
be repaid by the animal's owner. The full cost of caring for and
treating any animal seized under this subdivision shall constitute a
lien on the animal and the animal shall not be returned to the owner
until the charges are paid. No veterinarian shall be criminally or
civilly liable for any decision that he or she makes or for services
that he or she provides pursuant to this subdivision.
(d) An animal control agency that takes possession of an animal
pursuant to subdivision (c) shall keep records of the whereabouts of
the animal from the time of possession to the end of the animal's
impoundment, and those records shall be available for inspection by
the public upon request for three years after the date the animal's
impoundment ended.
(e) Notwithstanding any other provision of this section, any peace
officer, humane society officer, or any animal control officer may,
with the approval of his or her immediate superior, humanely
euthanize any stray or abandoned animal in the field in any case
where the animal is too severely injured to move or where a
veterinarian is not available and it would be more humane to
euthanize the animal.
(f) Whenever an officer authorized under this section seizes or
impounds an animal based on a reasonable belief that prompt action is
required to protect the health or safety of the animal or the health
or safety of others, the officer shall, prior to the commencement of
any criminal proceedings authorized by this section, provide the
owner or keeper of the animal, if known or ascertainable after
reasonable investigation, with the opportunity for a postseizure
hearing to determine the validity of the seizure or impoundment, or
both.
(1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
of the seizure or impoundment, or both, to the owner or keeper within
48 hours, excluding weekends and holidays. The notice shall include
all of the following:
(A) The name, business address, and telephone number of the
officer providing the notice.
(B) A description of the animal seized, including any
identification upon the animal.
(C) The authority and purpose for the seizure or impoundment,
including the time, place, and circumstances under which the animal
was seized.
(D) A statement that, in order to receive a postseizure hearing,
the owner or person authorized to keep the animal, or his or her
agent, shall request the hearing by signing and returning an enclosed
declaration of ownership or right to keep the animal to the agency
providing the notice within 10 days, including weekends and holidays,
of the date of the notice. The declaration may be returned by
personal delivery or mail.
(E) A statement that the full cost of caring for and treating any
animal properly seized under this section is a lien on the animal and
that the animal shall not be returned to the owner until the charges
are paid, and that failure to request or to attend a scheduled
hearing shall result in liability for this cost.
(2) The postseizure hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The seizing agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the seizure or
impoundment of the animal and is not junior in rank to that person.
The agency may utilize the services of a hearing officer from outside
the agency for the purposes of complying with this section.
(3) Failure of the owner or keeper, or of his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a postseizure hearing or right to challenge his or
her liability for costs incurred.
(4) The agency, department, or society employing the person who
directed the seizure shall be responsible for the costs incurred for
caring and treating the animal, if it is determined in the
postseizure hearing that the seizing officer did not have reasonable
grounds to believe very prompt action, including seizure of the
animal, was required to protect the health or safety of the animal or
the health or safety of others. If it is determined the seizure was
justified, the owner or keeper shall be personally liable to the
seizing agency for the full cost of the seizure and care of the
animal. The charges for the seizure and care of the animal shall be a
lien on the animal. The animal shall not be returned to its owner
until the charges are paid and the owner demonstrates to the
satisfaction of the seizing agency or the hearing officer that the
owner can and will provide the necessary care for the animal.
(g) Where the need for immediate seizure is not present and prior
to the commencement of any criminal proceedings authorized by this
section, the agency shall provide the owner or keeper of the animal,
if known or ascertainable after reasonable investigation, with the
opportunity for a hearing prior to any seizure or impoundment of the
animal. The owner shall produce the animal at the time of the hearing
unless, prior to the hearing, the owner has made arrangements with
the agency to view the animal upon request of the agency, or unless
the owner can provide verification that the animal was humanely
euthanized. Any person who willfully fails to produce the animal or
provide the verification is guilty of an infraction, punishable by a
fine of not less than two hundred fifty dollars ($250) nor more than
one thousand dollars ($1,000).
(1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
stating the grounds for believing the animal should be seized under
subdivision (a) or (b). The notice shall include all of the
following:
(A) The name, business address, and telephone number of the
officer providing the notice.
(B) A description of the animal to be seized, including any
identification upon the animal.
(C) The authority and purpose for the possible seizure or
impoundment.
(D) A statement that, in order to receive a hearing prior to any
seizure, the owner or person authorized to keep the animal, or his or
her agent, shall request the hearing by signing and returning the
enclosed declaration of ownership or right to keep the animal to the
officer providing the notice within two days, excluding weekends and
holidays, of the date of the notice.
(E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal,
that any animal seized shall not be returned to the owner until the
charges are paid, and that failure to request or to attend a
scheduled hearing shall result in a conclusive determination that the
animal may properly be seized and that the owner shall be liable for
the charges.
(2) The preseizure hearing shall be conducted within 48 hours,
excluding weekends and holidays, after receipt of the request. The
seizing agency may authorize its own officer or employee to conduct
the hearing if the hearing officer is not the same person who
requests the seizure or impoundment of the animal and is not junior
in rank to that person. The agency may utilize the services of a
hearing officer from outside the agency for the purposes of complying
with this section.
(3) Failure of the owner or keeper, or his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a preseizure hearing or right to challenge his or
her liability for costs incurred pursuant to this section.
(4) The hearing officer, after the hearing, may affirm or deny the
owner's or keeper's right to custody of the animal and, if
reasonable grounds are established, may order the seizure or
impoundment of the animal for care and treatment.
(h) If any animal is properly seized under this section or
pursuant to a search warrant, the owner or keeper shall be personally
liable to the seizing agency for the cost of the seizure and care of
the animal. Further, if the charges for the seizure or impoundment
and any other charges permitted under this section are not paid
within 14 days of the seizure, or if the owner, within 14 days of
notice of availability of the animal to be returned, fails to pay
charges permitted under this section and take possession of the
animal, the animal shall be deemed to have been abandoned and may be
humanely euthanized by the seizing agency.
(i) If the animal requires veterinary care and the humane society
or public agency is not assured, within 14 days of the seizure of the
animal, that the owner will provide the necessary care, the animal
shall not be returned to its owner and shall be deemed to have been
abandoned and may be disposed of by the seizing agency. A
veterinarian may humanely euthanize an impounded animal without
regard to the prescribed holding period when it has been determined
that the animal has incurred severe injuries or is incurably
crippled. A veterinarian also may immediately humanely euthanize an
impounded animal afflicted with a serious contagious disease unless
the owner or his or her agent immediately authorizes treatment of the
animal by a veterinarian at the expense of the owner or agent.
(j) No animal properly seized under this section or pursuant to a
search warrant shall be returned to its owner until the owner can
demonstrate to the satisfaction of the seizing agency or hearing
officer that the owner can and will provide the necessary care for
the animal.
(k) (1) In the case of cats and dogs, prior to the final
disposition of any criminal charges, the seizing agency or
prosecuting attorney may file a petition in a criminal action
requesting that, prior to that final disposition, the court issue an
order forfeiting the animal to the city, county, or seizing agency.
The petitioner shall serve a true copy of the petition upon the
defendant and the prosecuting attorney.
(2) Upon receipt of the petition, the court shall set a hearing on
the petition. The hearing shall be conducted within 14 days after
the filing of the petition, or as soon as practicable.
(3) The petitioner shall have the burden of establishing beyond a
reasonable doubt that, even in the event of an acquittal of the
criminal charges, the owner will not legally be permitted to retain
the animal in question. If the court finds that the petitioner has
met its burden, the court shall order the immediate forfeiture of the
animal as sought by the petition.
(4) Nothing in this subdivision is intended to authorize a seizing
agency or prosecuting attorney to file a petition to determine an
owner's ability to legally retain an animal pursuant to paragraph (3)
of subdivision (l) if a petition has previously been filed pursuant
to this subdivision.
(l) (1) Upon the conviction of a person charged with a violation
of this section, or Section 597 or 597a, all animals lawfully seized
and impounded with respect to the violation shall be adjudged by the
court to be forfeited and shall thereupon be transferred to the
impounding officer or appropriate public entity for proper adoption
or other disposition. A person convicted of a violation of this
section shall be personally liable to the seizing agency for all
costs of impoundment from the time of seizure to the time of proper
disposition. Upon conviction, the court shall order the convicted
person to make payment to the appropriate public entity for the costs
incurred in the housing, care, feeding, and treatment of the seized
or impounded animals. Each person convicted in connection with a
particular animal may be held jointly and severally liable for
restitution for that particular animal. The payment shall be in
addition to any other fine or sentence ordered by the court.
(2) The court may also order, as a condition of probation, that
the convicted person be prohibited from owning, possessing, caring
for, or residing with, animals of any kind, and require the convicted
person to immediately deliver all animals in his or her possession
to a designated public entity for adoption or other lawful
disposition or provide proof to the court that the person no longer
has possession, care, or
control of any animals. In the event of the acquittal or final
discharge without conviction of the person charged, if the animal is
still impounded, the animal has not been previously deemed abandoned
pursuant to subdivision (h), the court has not ordered that the
animal be forfeited pursuant to subdivision (k), the court shall, on
demand, direct the release of seized or impounded animals to the
defendant upon a showing of proof of ownership.
(3) Any questions regarding ownership shall be determined in a
separate hearing by the court where the criminal case was finally
adjudicated and the court shall hear testimony from any persons who
may assist the court in determining ownership of the animal. If the
owner is determined to be unknown or the owner is prohibited or
unable to retain possession of the animals for any reason, the court
shall order the animals to be released to the appropriate public
entity for adoption or other lawful disposition. This section is not
intended to cause the release of any animal, bird, reptile,
amphibian, or fish seized or impounded pursuant to any other statute,
ordinance, or municipal regulation. This section shall not prohibit
the seizure or impoundment of animals as evidence as provided for
under any other provision of law.
(m) It shall be the duty of all peace officers, humane society
officers, and animal control officers to use all currently acceptable
methods of identification, both electronic and otherwise, to
determine the lawful owner or caretaker of any seized or impounded
animal. It shall also be their duty to make reasonable efforts to
notify the owner or caretaker of the whereabouts of the animal and
any procedures available for the lawful recovery of the animal and,
upon the owner's and caretaker's initiation of recovery procedures,
retain custody of the animal for a reasonable period of time to allow
for completion of the recovery process. Efforts to locate or contact
the owner or caretaker and communications with persons claiming to
be the owner or caretaker shall be recorded and maintained and be
made available for public inspection.
SEC. 16. Section 597.2 of the Penal Code is
amended to read:
597.2. (a) It shall be the duty of an officer of an animal
shelter, a humane society, or an animal regulation department of a
public agency to assist in a case involving the abandonment or
voluntary relinquishment of an equine by the equine's owner. This
section does not require an animal shelter, a humane society, or an
animal regulation department of a public agency to take actual
possession of the equine.
(b) If an animal shelter, a humane society, or an animal
regulation department of a public agency sells an equine at a private
or public auction or sale, it shall set the minimum bid for the sale
of the equine at a price above the current slaughter price of the
equine.
(c) (1) This section does not prohibit an animal shelter, a humane
society, or an animal regulation department of a public agency from
placing an equine through an adoption program at an adoption fee that
may be set below current slaughter price.
(2) A person adopting an equine under paragraph (1) shall submit a
written statement declaring that the person is adopting the equine
for personal use and not for purposes of resale, resale for
slaughter, or holding or transporting the equine for slaughter.
SEC. 17. Section 597e of the Penal Code is
amended to read:
597e. Any person who impounds, or causes to be impounded in any
animal shelter, any domestic animal, shall supply it during
confinement with a sufficient quantity of good and wholesome food and
water, and in default thereof, is guilty of a misdemeanor. In case
any domestic animal is at any time so impounded and continues to be
without necessary food and water for more than 12 consecutive hours,
it is lawful for any person, from time to time, as may be deemed
necessary, to enter into and upon any animal shelter in which the
animal is confined, and supply it with necessary food and water so
long as it remains so confined. That person is not liable for the
entry and may collect the reasonable cost of the food and water from
the owner of the animal, and the owner of the animal is subject to
enforcement of a money judgment for the reasonable cost of food and
water.
SEC. 18. Section 597f of the Penal Code is
amended to read:
597f. (a) Every owner, driver, or possessor of any animal, who
permits the animal to be in any building, enclosure, lane, street,
square, or lot, of any city, city and county, or judicial district,
without proper care and attention, shall, on conviction, be deemed
guilty of a misdemeanor. And it shall be the duty of any peace
officer, officer of the humane society, or officer of an animal
shelter or animal regulation department of a public agency, to take
possession of the animal so abandoned or neglected and care for the
animal until it is redeemed by the owner or claimant, and the cost of
caring for the animal shall be a lien on the animal until the
charges are paid. Every sick, disabled, infirm, or crippled animal,
except a dog or cat, which shall be abandoned in any city, city and
county, or judicial district, may, if after due search no owner can
be found therefor, be humanely euthanized by the officer; and it
shall be the duty of all peace officers, an officer of that society,
or officer of an animal shelter or animal regulation department of a
public agency to cause the animal to be humanely euthanized on
information of that abandonment. The officer may likewise take charge
of any animal, including a dog or cat, that by reason of lameness,
sickness, feebleness, or neglect, is unfit for the labor it is
performing, or that in any other manner is being cruelly treated;
and, if the animal is not then in the custody of its owner, the
officer shall give notice thereof to the owner, if known, and may
provide suitable care for the animal until it is deemed to be in a
suitable condition to be delivered to the owner, and any necessary
expenses which may be incurred for taking care of and keeping the
animal shall be a lien thereon, to be paid before the animal can be
lawfully recovered.
(b) (1) It shall be the duty of all officers of animal shelters or
humane societies, and animal regulation departments of public
agencies to convey, and for police and sheriff departments, to cause
to be conveyed all injured cats and dogs found without their owners
in a public place directly to a veterinarian known by the officer or
agency to be a veterinarian that ordinarily treats dogs and cats for
a determination of whether the animal shall be immediately and
humanely euthanized or shall be hospitalized under proper care and
given emergency treatment.
(2) If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal; or, if the animal is treated and recovers
from its injuries, the veterinarian may keep the animal for purposes
of adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.
(3) Whenever any animal is transferred pursuant to this
subdivision to a veterinarian in a clinic, such as an emergency
clinic which is not in continuous operation, the veterinarian may, in
turn, transfer the animal to an appropriate facility.
(4) If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services which are provided pending the owner's inquiry
to the agency, department, or society shall be paid from the dog
license fees, fines, and fees for impounding dogs in the city,
county, or city and county in which the animal was licensed or if the
animal is unlicensed the jurisdiction in which the animal was found,
subject to the provision that this cost be repaid by the animal's
owner. No veterinarian shall be criminally or civilly liable for any
decision which he or she makes or services which he or she provides
pursuant to this section.
(c) An animal control agency which takes possession of an animal
pursuant to subdivision (b), shall keep records of the whereabouts of
the animal for a 72-hour period from the time of possession and
those records shall be available to inspection by the public upon
request.
(d) Notwithstanding any other provisions of this section, any
officer of an animal shelter or animal regulation department or
humane society, or any officer of a police or sheriff's department
may, with the approval of his or her immediate superior, humanely
euthanize any abandoned animal in the field in any case where the
animal is too severely injured to move or where a veterinarian is not
available and it would be more humane to euthanize the animal.
SEC. 19. Section 597u of the Penal Code is
amended to read:
597u. (a) No person, peace officer, officer of a humane society,
or officer of an animal shelter or animal regulation department of a
public agency shall kill any animal by using any of the following
methods:
(1) Carbon monoxide gas.
(2) Intracardiac injection of a euthanasia agent on a conscious
animal, unless the animal is heavily sedated or anesthetized in a
humane manner, or comatose, or unless, in light of all the relevant
circumstances, the procedure is justifiable.
(b) With respect to the killing of any dog or cat, no person,
peace officer, officer of a humane society, or officer of an animal
shelter or animal regulation department of a public agency shall use
any of the methods specified in subdivision (a) or any of the
following methods:
(1) High-altitude decompression chamber.
(2) Nitrogen gas.
SEC. 20. Section 597v of the Penal Code is
amended to read:
597v. No person, peace officer, officer of a humane society, or
officer of an animal shelter or animal regulation department of a
public agency shall kill any newborn dog or cat whose eyes have not
yet opened by any other method than by the use of chloroform vapor or
by inoculation of barbiturates.
SEC. 21. Section 599e of the Penal Code is
amended to read:
599e. Every animal which is unfit, by reason of its physical
condition, for the purpose for which those animals are usually
employed, and when there is no reasonable probability of that animal
ever becoming fit for the purpose for which it is usually employed,
shall be by the owner or lawful possessor of the same, deprived of
life within 12 hours after being notified by any peace officer,
officer of said society, or employee of an animal shelter or animal
regulation department of a public agency who is a veterinarian, to
kill the same, and the owner, possessor, or person omitting or
refusing to comply with the provisions of this section shall, upon
conviction, be deemed guilty of a misdemeanor, and after that
conviction the court or magistrate having jurisdiction of that
offense shall order any peace officer, officer of said society, or
officer of an animal shelter or animal regulation department of a
public agency, to immediately kill that animal; provided, that this
shall not apply to an owner keeping any old or diseased animal
belonging to him or her on his or her own premises with proper care.