Animal abuse: forfeiture.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Public Safety
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill allows animal control agencies to request that a court seize and forfeit an animal involved in an animal abuse case if the defendant fails to appear in court. If a defendant receives diversion for these crimes, the prosecution can request a court order prohibiting them from owning animals during the diversion period and requiring them to surrender any animals they currently possess. The bill also addresses state reimbursement for local programs that may be created as a result.
Key provisions
- Animal control agencies can petition for forfeiture of seized animals if a defendant fails to appear in court.
- Defendants receiving diversion for animal abuse crimes may be prohibited from owning animals during the diversion period.
- Defendants must surrender any animals they currently possess if granted diversion.
- The forfeiture process must occur within 14 days of the petition's filing.
- The animal control agency bears the burden of proving the defendant is unfit to care for the animal.
- The bill addresses state reimbursement for local agencies if the Commission on State Mandates determines the bill creates a state-mandated local program.
- The bill applies to specific animal abuse crimes outlined in the Penal Code.
- Judicial notice may be taken of prior testimony in the case.
Who is affected
- Animal control agencies
- Prosecutors
Bill text
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