| 1 | | - | Assembly Bill No. 1290 CHAPTER 546 An act to amend Sections 487e, 487f, and 491 of the Penal Code, relating to crimes. [ Approved by Governor September 26, 2022. Filed with Secretary of State September 26, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 1290, Lee. Crimes: theft: animals.Existing law prohibits the theft of personal property, as specified. Existing law, for purposes of provisions related to theft, declares that a dog is personal property and that the value of a dog shall be determined in the same manner as for other personal property. Under existing law, theft of a dog with a value exceeding $950 is grand theft and theft of a dog with a value not exceeding $950 is petty theft. Existing appellate case law holds that a cat is personal property for purposes of theft. Existing law defines a feral cat as a cat without owner identification whose usual and consistent temperament is extreme fear and resistance to contact with people and who is totally unsocialized to people.This bill would expand the scope of those crimes to apply to any companion animal, as defined. By expanding the application of an existing crime, 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 487e of the Penal Code is amended to read:487e. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code.SEC. 2. Section 487f of the Penal Code is amended to read:487f. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value not exceeding nine hundred fifty dollars ($950) is guilty of petty theft.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code.SEC. 3. Section 491 of the Penal Code is amended to read:491. (a) Companion animals are personal property, and their value is to be ascertained in the same manner as the value of other property.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 1 | + | Enrolled September 02, 2022 Passed IN Senate August 31, 2022 Passed IN Assembly August 31, 2022 Amended IN Senate August 25, 2022 Amended IN Senate June 30, 2022 Amended IN Senate June 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1290Introduced by Assembly Member LeeFebruary 19, 2021 An act to amend Sections 487e, 487f, and 491 of the Penal Code, relating to crimes.LEGISLATIVE COUNSEL'S DIGESTAB 1290, Lee. Crimes: theft: animals.Existing law prohibits the theft of personal property, as specified. Existing law, for purposes of provisions related to theft, declares that a dog is personal property and that the value of a dog shall be determined in the same manner as for other personal property. Under existing law, theft of a dog with a value exceeding $950 is grand theft and theft of a dog with a value not exceeding $950 is petty theft. Existing appellate case law holds that a cat is personal property for purposes of theft. Existing law defines a feral cat as a cat without owner identification whose usual and consistent temperament is extreme fear and resistance to contact with people and who is totally unsocialized to people.This bill would expand the scope of those crimes to apply to any companion animal, as defined. By expanding the application of an existing crime, 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 487e of the Penal Code is amended to read:487e. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code.SEC. 2. Section 487f of the Penal Code is amended to read:487f. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value not exceeding nine hundred fifty dollars ($950) is guilty of petty theft.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code.SEC. 3. Section 491 of the Penal Code is amended to read:491. (a) Companion animals are personal property, and their value is to be ascertained in the same manner as the value of other property.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 14 | 26 | | |
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| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 28 | | |
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| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 30 | | |
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| 19 | 31 | | AB 1290, Lee. Crimes: theft: animals. |
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| 20 | 32 | | |
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| 21 | 33 | | Existing law prohibits the theft of personal property, as specified. Existing law, for purposes of provisions related to theft, declares that a dog is personal property and that the value of a dog shall be determined in the same manner as for other personal property. Under existing law, theft of a dog with a value exceeding $950 is grand theft and theft of a dog with a value not exceeding $950 is petty theft. Existing appellate case law holds that a cat is personal property for purposes of theft. Existing law defines a feral cat as a cat without owner identification whose usual and consistent temperament is extreme fear and resistance to contact with people and who is totally unsocialized to people.This bill would expand the scope of those crimes to apply to any companion animal, as defined. By expanding the application of an existing crime, 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 no reimbursement is required by this act for a specified reason. |
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| 22 | 34 | | |
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| 23 | 35 | | Existing law prohibits the theft of personal property, as specified. Existing law, for purposes of provisions related to theft, declares that a dog is personal property and that the value of a dog shall be determined in the same manner as for other personal property. Under existing law, theft of a dog with a value exceeding $950 is grand theft and theft of a dog with a value not exceeding $950 is petty theft. Existing appellate case law holds that a cat is personal property for purposes of theft. Existing law defines a feral cat as a cat without owner identification whose usual and consistent temperament is extreme fear and resistance to contact with people and who is totally unsocialized to people. |
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| 24 | 36 | | |
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| 25 | 37 | | This bill would expand the scope of those crimes to apply to any companion animal, as defined. By expanding the application of an existing crime, this bill would impose a state-mandated local program. |
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| 26 | 38 | | |
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| 27 | 39 | | 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. |
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| 28 | 40 | | |
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| 29 | 41 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 30 | 42 | | |
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| 31 | 43 | | ## Digest Key |
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| 32 | 44 | | |
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| 33 | 45 | | ## Bill Text |
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| 34 | 46 | | |
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| 35 | 47 | | The people of the State of California do enact as follows:SECTION 1. Section 487e of the Penal Code is amended to read:487e. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code.SEC. 2. Section 487f of the Penal Code is amended to read:487f. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value not exceeding nine hundred fifty dollars ($950) is guilty of petty theft.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code.SEC. 3. Section 491 of the Penal Code is amended to read:491. (a) Companion animals are personal property, and their value is to be ascertained in the same manner as the value of other property.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 36 | 48 | | |
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| 37 | 49 | | The people of the State of California do enact as follows: |
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| 38 | 50 | | |
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| 39 | 51 | | ## The people of the State of California do enact as follows: |
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| 40 | 52 | | |
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| 41 | 53 | | SECTION 1. Section 487e of the Penal Code is amended to read:487e. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 42 | 54 | | |
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| 43 | 55 | | SECTION 1. Section 487e of the Penal Code is amended to read: |
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| 44 | 56 | | |
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| 45 | 57 | | ### SECTION 1. |
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| 46 | 58 | | |
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| 47 | 59 | | 487e. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 48 | 60 | | |
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| 49 | 61 | | 487e. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 50 | 62 | | |
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| 51 | 63 | | 487e. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 52 | 64 | | |
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| 53 | 65 | | |
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| 54 | 66 | | |
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| 55 | 67 | | 487e. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft. |
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| 56 | 68 | | |
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| 57 | 69 | | (b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection. |
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| 58 | 70 | | |
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| 59 | 71 | | (2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 60 | 72 | | |
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| 61 | 73 | | SEC. 2. Section 487f of the Penal Code is amended to read:487f. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value not exceeding nine hundred fifty dollars ($950) is guilty of petty theft.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 62 | 74 | | |
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| 63 | 75 | | SEC. 2. Section 487f of the Penal Code is amended to read: |
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| 64 | 76 | | |
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| 65 | 77 | | ### SEC. 2. |
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| 66 | 78 | | |
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| 67 | 79 | | 487f. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value not exceeding nine hundred fifty dollars ($950) is guilty of petty theft.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 68 | 80 | | |
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| 69 | 81 | | 487f. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value not exceeding nine hundred fifty dollars ($950) is guilty of petty theft.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 70 | 82 | | |
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| 71 | 83 | | 487f. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value not exceeding nine hundred fifty dollars ($950) is guilty of petty theft.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 72 | 84 | | |
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| 73 | 85 | | |
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| 74 | 86 | | |
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| 75 | 87 | | 487f. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value not exceeding nine hundred fifty dollars ($950) is guilty of petty theft. |
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| 76 | 88 | | |
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| 77 | 89 | | (b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection. |
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| 78 | 90 | | |
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| 79 | 91 | | (2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 80 | 92 | | |
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| 81 | 93 | | SEC. 3. Section 491 of the Penal Code is amended to read:491. (a) Companion animals are personal property, and their value is to be ascertained in the same manner as the value of other property.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 82 | 94 | | |
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| 83 | 95 | | SEC. 3. Section 491 of the Penal Code is amended to read: |
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| 84 | 96 | | |
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| 85 | 97 | | ### SEC. 3. |
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| 86 | 98 | | |
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| 87 | 99 | | 491. (a) Companion animals are personal property, and their value is to be ascertained in the same manner as the value of other property.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 88 | 100 | | |
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| 89 | 101 | | 491. (a) Companion animals are personal property, and their value is to be ascertained in the same manner as the value of other property.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 90 | 102 | | |
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| 91 | 103 | | 491. (a) Companion animals are personal property, and their value is to be ascertained in the same manner as the value of other property.(b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.(2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 92 | 104 | | |
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| 93 | 105 | | |
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| 94 | 106 | | |
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| 95 | 107 | | 491. (a) Companion animals are personal property, and their value is to be ascertained in the same manner as the value of other property. |
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| 96 | 108 | | |
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| 97 | 109 | | (b) (1) For purposes of this section, companion animal means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection. |
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| 98 | 110 | | |
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| 99 | 111 | | (2) For purposes of this section, companion animal excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. |
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| 100 | 112 | | |
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| 101 | 113 | | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 102 | 114 | | |
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| 103 | 115 | | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 104 | 116 | | |
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| 105 | 117 | | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 106 | 118 | | |
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| 107 | 119 | | ### SEC. 4. |
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