BILL NUMBER: SB 1278	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2014

INTRODUCED BY   Senator Leno
    (   Coauthors:   Senators  
Anderson,   Knight,   and Wyland  ) 


                        FEBRUARY 21, 2014

   An act to amend Section 830.9 of the Penal Code, relating to
animal control officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1278, as amended, Leno. Animal control officers.
   Existing law establishes the Commission on Peace Officer Standards
and Training within the Department of Justice. Existing law requires
the commission to carry out various duties related to the education
and training of peace officers, as defined.
   Existing law provides that animal control officers are not peace
officers but may exercise the powers of arrest of a peace officer and
the power to serve warrants, as specified, during the course and
within the scope of their employment, if those officers successfully
complete a course in the exercise of those powers.
   This bill would require every person appointed as an animal
control officer prior to July 1, 2015, to complete a course in the
exercise of the powers of arrest and to serve warrants no later than
July 1, 2016. This bill would require every person appointed as an
animal control officer, and every person appointed as a director,
manager, supervisor, or any person in charge of an animal control
agency, on or after July 1, 2015, to complete a course in the
exercise of the powers of arrest and to serve warrants within one
year of his or her appointment, as specified. This bill would require
every animal control officer, prior to the exercise of the powers of
arrest and to serve warrants, to have satisfactorily completed the
required course of training.
   This bill would also require every animal control officer 
appointed prior to July 1, 2015,  to satisfactorily complete at
least 40 hours of continuing education and training relating to the
powers and duties of an animal control officer,  no later than
July 1, 2018, and   every 3 years thereafter,  as
specified.  The bill would require every animal control officer
appointed on or after July 1, 2015, to comply with those requirements
within 3 years of the date of his or her appointment, and every 3
years thereafter.  
   The bill would specify that the above training and continuing
training requirements do not apply to an animal control officer who
is a peace officer. 
   By imposing new training requirements on local employees, this
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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.  Section 830.9 of the Penal Code is amended to read:
   830.9.  (a) Animal control officers are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 and the power to serve warrants as specified in Sections
1523 and 1530 during the course and within the scope of their
employment, if those officers successfully complete a course in the
exercise of those powers pursuant to Section 832.
   (b)  (1)    Every person appointed as an animal
control officer prior to July 1, 2015, shall complete a course in the
exercise of the powers of arrest and to serve warrants pursuant to
Section 832 no later than July 1, 2016. That part of the training
course specified in Section 832 pertaining to the carrying and use of
firearms shall not be required for any animal control officer whose
employing agency prohibits the use of firearms. 
   (2) An animal control officer who completed a course in the
exercise of the powers of arrest and to serve warrants pursuant to
Section 832 prior to January 1, 2015, shall be deemed to have
satisfied the training requirements described in paragraph (1). 

   (c) Every person appointed as an animal control officer on or
after July 1, 2015, shall complete a course in the exercise of the
powers of arrest and to serve warrants pursuant to Section 832 within
one year of his or her appointment. That part of the training course
specified in Section 832 pertaining to the carrying and use of
firearms shall not be required for any animal control 
officers   officer  whose employing agency
prohibits the use of firearms.
   (d) Every animal control officer described in this section, prior
to the exercise of the powers of arrest and to serve warrants, shall
have satisfactorily completed the course of training described in
Section 832.
   (e) Every person appointed as a director, manager, supervisor, or
any person in control of an animal control agency on or after July 1,
2015, shall complete a course in the exercise of the powers of
arrest and to serve warrants pursuant to Section 832 within one year
of his or her appointment.
   (f) (1) During each three-year period following the date 
of appointment as an animal control officer   described
in paragraph (2)  , every animal control officer shall
satisfactorily complete at least 40 hours of continuing education and
training relating to the powers and duties of an animal control
officer, which education and training shall be sponsored or provided
by an accredited postsecondary institution, the Commission on Peace
Officer Standards and Training, a law enforcement agency, the
National Animal  Care and  Control Association, the
California Animal Control Directors Association,  California
Veterinary Medical Association,  or the State Humane Association
of California. 
   (2) Every animal control officer appointed prior to July 1, 2015,
shall complete the requirements of paragraph (1) no later than July
1, 2018, and every three years thereafter. Every animal control
officer appointed on or after July 1, 2015, shall comply with the
requirements of paragraph (1) within three years of the date of his
or her appointment, and every three years thereafter.  
   (2) 
    (   3)  The minimum hours and required topics
of continuing education and training  shall  
may  be determined by the California Animal Control Directors
Association.  Continuing education and training shall include at
least four hours of course work in the exercise of the powers of
arrest and to serve warrants taught by a Commission on Peace Officer
Standards and Training certified instructor.  
   (3) 
    (   4)  Records of training shall be maintained
by the animal control officer's employing agency. 
   (4) 
    (   5)  The failure to satisfactorily complete
the continuing education and training requirements under this
subdivision within 90 days after the expiration of each three-year
period shall result in the immediate suspension of the authority
granted under subdivision (a).
   (g) Nothing in this section shall be construed to supersede any
existing training requirements, including, but not limited to, the
training requirements set forth in subdivision (g) of Section 22295.

   (h) This section does not apply to an animal control officer who
is a peace officer pursuant to Section 830.1.  
   (h) 
    (   i)  For the purposes of this section,
"firearms" includes capture guns, blowguns, carbon dioxide operated
rifles and pistols, air guns, handguns, rifles, and shotguns.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.