Animal abuse: forfeiture., the official text

An act to add Sections 600.9 and 600.10 to the Penal Code, relating to animal abuse.

LEGISLATIVE COUNSEL'S DIGEST

Existing law prohibits various acts of abuse toward animals, including, among others, inflicting unnecessary cruelty or abusing an animal in any manner, including, but not limited to, maliciously and intentionally maiming, mutilating, torturing, or wounding an animal.
This bill would, in a criminal case alleging a violation of specified animal abuse crimes, authorize specified entities to request that the prosecuting attorney file a petition requesting that, before final disposition, the court issue an order forfeiting the animal to the city, county, or seizing agency 30 days after a defendant fails to appear in court, as specified. The bill would additionally authorize those entities to request, and the court to issue, a forfeiture petition within 3 days after a defendant fails to appear in court a 2nd or subsequent time. The bill would additionally, if the defendant is granted diversion for those crimes, authorize the prosecution to request an order from the court that the defendant be prohibited from owning, possessing, caring for, or residing with animals of any kind throughout the period of diversion, as specified. By increasing duties on local prosecutors, 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 the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.
Section 600.9 is added to the Penal Code, to read:
600.9.
(a) (1) In a criminal case alleging a violation of Section 286.5, 596, 597, 597a, 597b, 597h, 597j, 597s, 597.1, or 597.5, the animal control agency in possession of an animal seized or impounded by a peace officer, officer of a humane society, or officer of an animal shelter or animal regulation department of a public agency may request that the prosecuting attorney file a petition requesting that, before final disposition, the court issue an order forfeiting the animal to the city, county, or seizing agency 30 days after a defendant fails to appear in court in violation of Section 853.7, 1320, or 1320.5.
(2) If a defendant fails to appear in court two or more times in a criminal case alleging a violation of Section 286.5, 596, 597, 597a, 597b, 597h, 597j, 597s, 597.1, or 597.5, in violation of Section 853.7, 1320, or 1320.5, the animal control agency in possession of an animal seized or impounded by a peace officer, officer of a humane society, or officer of an animal shelter or animal regulation department of a public agency may request that the prosecuting attorney file a petition requesting that, before final disposition of the underlying case, the court issue an order forfeiting the animal to the city, county, or seizing agency three days after a defendant fails to appear in court.
(b) (1) The prosecuting attorney shall file the petition for forfeiture with the superior court of the county in which the defendant has been charged with the commission of any of the crimes listed in subdivision (a).
(2) The prosecuting attorney shall make service of process on the defendant. If the notice cannot be served by registered mail or personal delivery, a notice described in paragraph (3) shall be published for at least three consecutive weeks on the internet website of the animal shelter in possession of the animal.
(3) A notice, as required by paragraph (2), published on the internet website of the animal shelter in possession of the animal shall include, but not be limited to, the date the animal was seized or impounded, the location of the seizure or impoundment, and a brief description of the animal, and may include any activity log number or case number and a photograph of the animal. The notice shall not include the defendant’s name or identifying details.
(c) (1) The forfeiture proceeding shall be set for hearing in the superior court in which the underlying criminal offense will be tried.
(2) The hearing shall be conducted within 14 days after the filing of the petition, or as soon as practicable.
(3) If the defendant fails to file a claim of interest in the animal or to appear at the hearing, the court shall enter a response of denial on behalf of the defendant.
(4) At the forfeiture hearing, the prosecuting attorney or seizing agency shall have the burden of establishing by a preponderance of the evidence that the defendant is not able to properly care for the animal. The court may take judicial notice of any prior testimony that occurred in a prior proceeding.
(5) 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. If the court grants the petition, the animal shall be adjudged by the court to be forfeited and thereafter shall be transferred to the animal control agency or appropriate entity for proper adoption or other disposition.
(6) No hearing shall be conducted pursuant to this section if, after notice of the hearing, the defendant appears in court for the underlying criminal case or is otherwise returned to custody.
(d) The remedies provided in this section do not preclude the application of any other remedies, civil or criminal, including, but not limited to, those remedies provided in Section 597.1.
(e) Nothing in this section is intended to preclude an animal control agency, with the consent of the prosecuting attorney, from transferring an animal that has been seized or impounded to an animal foster.

SEC. 2.
Section 600.10 is added to the Penal Code, to read:
600.10.
If a defendant charged with a violation of Section 286.5, 596, 597, 597a, 597b, 597h, 597j, 597s, 597.1, or 597.5 is granted diversion, the prosecution may request an order from the court that the defendant be prohibited from owning, possessing, caring for, or residing with animals of any kind throughout the period of diversion, and require the defendant to immediately deliver all animals in their 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.

SEC. 3.
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.