| 1 | 1 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 922Introduced by Senator RothJanuary 11, 2024 An act to amend Section 597.7 of the Penal Code, relating to animal cruelty. LEGISLATIVE COUNSEL'S DIGESTSB 922, as introduced, Roth. Animal cruelty.Existing law makes it a crime to leave or confine an animal in an unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. Existing law makes a first conviction for the crime punishable by a fine not exceeding $100, or if the animal suffers great bodily injury, by a fine not exceeding $500, imprisonment in a county jail, or both. Existing law makes a subsequent conviction punishable by a fine not exceeding $500 dollars, imprisonment in a county jail, or both.This bill would increase those fines to $500 for a first offense and $2,000 for a subsequent offense or if the animal suffers great bodily injury.Existing law requires a person who is convicted of specified crimes related to animal abuse who is granted probation to successfully complete counseling.This bill would expand that requirement to require a person convicted of leaving animal in an unattended motor vehicle to complete counseling, an education program on the dangers of leaving an animal inside of an unattended motor vehicle, or both. The bill would make failure to complete the counseling or education program a misdemeanor. By creating a new 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.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 597.7 of the Penal Code is amended to read:597.7. (a) A person shall not leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(b) (1) This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animals safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(2) A person who removes an animal from a vehicle in accordance with paragraph (1) is not criminally liable for actions taken reasonably and in good faith if the person does all of the following:(A) Determines the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle.(B) Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one.(C) Has contacted a local law enforcement agency, the fire department, animal control, or the 911 emergency service prior to forcibly entering the vehicle.(D) Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, humane officer, animal control officer, or another emergency responder arrives.(E) Used no more force to enter the vehicle and remove the animal from the vehicle than was necessary under the circumstances.(F) Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who responds to the scene.(c) Unless the animal suffers great bodily injury, a first conviction for violation of this section is an infraction punishable by a fine not exceeding one hundred dollars ($100) five hundred dollars ($500) per animal. If the animal suffers great bodily injury, a violation of this section is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500), two thousand dollars ($2,000) imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. Any subsequent violation of this section, regardless of injury to the animal, is also a misdemeanor punishable by a fine not exceeding five hundred dollars ($500), two thousand dollars ($2,000), imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment.(d) (1) This section does not prevent a peace officer, firefighter, humane officer, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the animals safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(2) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take it to an animal shelter or other place of safekeeping or, if the officer deems necessary, to a veterinary hospital for treatment. The owner of the animal removed from the vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.(3) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible.(4) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing his or her their name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.(5) Except as provided in subdivision (b), this section does not affect in any way existing liabilities or immunities in current law, or create any new immunities or liabilities.(e) Nothing in this section shall preclude prosecution under both this section and Section 597 or any other provision of law, including city or county ordinances.(f) Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes.(g) (1) Notwithstanding any other provision of law, the court shall order a defendant convicted under this section to successfully complete, as determined by the court, counseling to evaluate and treat behavior or conduct disorders, an education program on the dangers of leaving an animal inside of an unattended motor vehicle, or both counseling and the education program.(2) The counseling and education program described in paragraph (1) shall be paid for by the defendant. The court shall determine the defendants ability to pay. If the court finds that the defendant is financially unable to pay, the court may develop a sliding fee schedule based on the defendants ability to pay. A person who meets the criteria set forth in Section 68632 of the Government Code shall not be responsible for any costs. The counseling and education program specified in this section shall be in addition to any other terms and conditions of probation, including any term of imprisonment and fine, for misdemeanor convictions and in addition to any fine for infraction convictions.(3) If a person is convicted of an infraction pursuant to this section, the court shall impose the fine and order the defendant to file proof of completion of the counseling, the education program, or both the counseling and the education program with the court within 18 months of the conviction.(4) A person who is ordered to complete counseling or an education program pursuant to this subdivision and who willfully fails to comply with a court order to attend and successfully complete counseling, the education program, or both the counseling and the education program is guilty of a misdemeanor.SEC. 2. 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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| 3 | 3 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 922Introduced by Senator RothJanuary 11, 2024 An act to amend Section 597.7 of the Penal Code, relating to animal cruelty. LEGISLATIVE COUNSEL'S DIGESTSB 922, as introduced, Roth. Animal cruelty.Existing law makes it a crime to leave or confine an animal in an unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. Existing law makes a first conviction for the crime punishable by a fine not exceeding $100, or if the animal suffers great bodily injury, by a fine not exceeding $500, imprisonment in a county jail, or both. Existing law makes a subsequent conviction punishable by a fine not exceeding $500 dollars, imprisonment in a county jail, or both.This bill would increase those fines to $500 for a first offense and $2,000 for a subsequent offense or if the animal suffers great bodily injury.Existing law requires a person who is convicted of specified crimes related to animal abuse who is granted probation to successfully complete counseling.This bill would expand that requirement to require a person convicted of leaving animal in an unattended motor vehicle to complete counseling, an education program on the dangers of leaving an animal inside of an unattended motor vehicle, or both. The bill would make failure to complete the counseling or education program a misdemeanor. By creating a new 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 922 |
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| 15 | 15 | | Introduced by Senator RothJanuary 11, 2024 |
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| 17 | 17 | | Introduced by Senator Roth |
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| 18 | 18 | | January 11, 2024 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 597.7 of the Penal Code, relating to animal cruelty. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 922, as introduced, Roth. Animal cruelty. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law makes it a crime to leave or confine an animal in an unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. Existing law makes a first conviction for the crime punishable by a fine not exceeding $100, or if the animal suffers great bodily injury, by a fine not exceeding $500, imprisonment in a county jail, or both. Existing law makes a subsequent conviction punishable by a fine not exceeding $500 dollars, imprisonment in a county jail, or both.This bill would increase those fines to $500 for a first offense and $2,000 for a subsequent offense or if the animal suffers great bodily injury.Existing law requires a person who is convicted of specified crimes related to animal abuse who is granted probation to successfully complete counseling.This bill would expand that requirement to require a person convicted of leaving animal in an unattended motor vehicle to complete counseling, an education program on the dangers of leaving an animal inside of an unattended motor vehicle, or both. The bill would make failure to complete the counseling or education program a misdemeanor. By creating a new 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. |
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| 30 | 30 | | Existing law makes it a crime to leave or confine an animal in an unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. Existing law makes a first conviction for the crime punishable by a fine not exceeding $100, or if the animal suffers great bodily injury, by a fine not exceeding $500, imprisonment in a county jail, or both. Existing law makes a subsequent conviction punishable by a fine not exceeding $500 dollars, imprisonment in a county jail, or both. |
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| 32 | 32 | | This bill would increase those fines to $500 for a first offense and $2,000 for a subsequent offense or if the animal suffers great bodily injury. |
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| 33 | 33 | | |
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| 34 | 34 | | Existing law requires a person who is convicted of specified crimes related to animal abuse who is granted probation to successfully complete counseling. |
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| 35 | 35 | | |
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| 36 | 36 | | This bill would expand that requirement to require a person convicted of leaving animal in an unattended motor vehicle to complete counseling, an education program on the dangers of leaving an animal inside of an unattended motor vehicle, or both. The bill would make failure to complete the counseling or education program a misdemeanor. By creating a new crime, the bill would impose a state-mandated local program. |
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| 37 | 37 | | |
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| 38 | 38 | | 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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| 39 | 39 | | |
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| 40 | 40 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 41 | 41 | | |
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| 42 | 42 | | ## Digest Key |
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| 43 | 43 | | |
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| 44 | 44 | | ## Bill Text |
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| 45 | 45 | | |
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| 46 | 46 | | The people of the State of California do enact as follows:SECTION 1. Section 597.7 of the Penal Code is amended to read:597.7. (a) A person shall not leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(b) (1) This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animals safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(2) A person who removes an animal from a vehicle in accordance with paragraph (1) is not criminally liable for actions taken reasonably and in good faith if the person does all of the following:(A) Determines the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle.(B) Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one.(C) Has contacted a local law enforcement agency, the fire department, animal control, or the 911 emergency service prior to forcibly entering the vehicle.(D) Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, humane officer, animal control officer, or another emergency responder arrives.(E) Used no more force to enter the vehicle and remove the animal from the vehicle than was necessary under the circumstances.(F) Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who responds to the scene.(c) Unless the animal suffers great bodily injury, a first conviction for violation of this section is an infraction punishable by a fine not exceeding one hundred dollars ($100) five hundred dollars ($500) per animal. If the animal suffers great bodily injury, a violation of this section is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500), two thousand dollars ($2,000) imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. Any subsequent violation of this section, regardless of injury to the animal, is also a misdemeanor punishable by a fine not exceeding five hundred dollars ($500), two thousand dollars ($2,000), imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment.(d) (1) This section does not prevent a peace officer, firefighter, humane officer, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the animals safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(2) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take it to an animal shelter or other place of safekeeping or, if the officer deems necessary, to a veterinary hospital for treatment. The owner of the animal removed from the vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.(3) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible.(4) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing his or her their name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.(5) Except as provided in subdivision (b), this section does not affect in any way existing liabilities or immunities in current law, or create any new immunities or liabilities.(e) Nothing in this section shall preclude prosecution under both this section and Section 597 or any other provision of law, including city or county ordinances.(f) Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes.(g) (1) Notwithstanding any other provision of law, the court shall order a defendant convicted under this section to successfully complete, as determined by the court, counseling to evaluate and treat behavior or conduct disorders, an education program on the dangers of leaving an animal inside of an unattended motor vehicle, or both counseling and the education program.(2) The counseling and education program described in paragraph (1) shall be paid for by the defendant. The court shall determine the defendants ability to pay. If the court finds that the defendant is financially unable to pay, the court may develop a sliding fee schedule based on the defendants ability to pay. A person who meets the criteria set forth in Section 68632 of the Government Code shall not be responsible for any costs. The counseling and education program specified in this section shall be in addition to any other terms and conditions of probation, including any term of imprisonment and fine, for misdemeanor convictions and in addition to any fine for infraction convictions.(3) If a person is convicted of an infraction pursuant to this section, the court shall impose the fine and order the defendant to file proof of completion of the counseling, the education program, or both the counseling and the education program with the court within 18 months of the conviction.(4) A person who is ordered to complete counseling or an education program pursuant to this subdivision and who willfully fails to comply with a court order to attend and successfully complete counseling, the education program, or both the counseling and the education program is guilty of a misdemeanor.SEC. 2. 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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| 47 | 47 | | |
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| 48 | 48 | | The people of the State of California do enact as follows: |
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| 50 | 50 | | ## The people of the State of California do enact as follows: |
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| 51 | 51 | | |
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| 52 | 52 | | SECTION 1. Section 597.7 of the Penal Code is amended to read:597.7. (a) A person shall not leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(b) (1) This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animals safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(2) A person who removes an animal from a vehicle in accordance with paragraph (1) is not criminally liable for actions taken reasonably and in good faith if the person does all of the following:(A) Determines the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle.(B) Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one.(C) Has contacted a local law enforcement agency, the fire department, animal control, or the 911 emergency service prior to forcibly entering the vehicle.(D) Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, humane officer, animal control officer, or another emergency responder arrives.(E) Used no more force to enter the vehicle and remove the animal from the vehicle than was necessary under the circumstances.(F) Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who responds to the scene.(c) Unless the animal suffers great bodily injury, a first conviction for violation of this section is an infraction punishable by a fine not exceeding one hundred dollars ($100) five hundred dollars ($500) per animal. If the animal suffers great bodily injury, a violation of this section is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500), two thousand dollars ($2,000) imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. Any subsequent violation of this section, regardless of injury to the animal, is also a misdemeanor punishable by a fine not exceeding five hundred dollars ($500), two thousand dollars ($2,000), imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment.(d) (1) This section does not prevent a peace officer, firefighter, humane officer, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the animals safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(2) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take it to an animal shelter or other place of safekeeping or, if the officer deems necessary, to a veterinary hospital for treatment. The owner of the animal removed from the vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.(3) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible.(4) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing his or her their name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.(5) Except as provided in subdivision (b), this section does not affect in any way existing liabilities or immunities in current law, or create any new immunities or liabilities.(e) Nothing in this section shall preclude prosecution under both this section and Section 597 or any other provision of law, including city or county ordinances.(f) Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes.(g) (1) Notwithstanding any other provision of law, the court shall order a defendant convicted under this section to successfully complete, as determined by the court, counseling to evaluate and treat behavior or conduct disorders, an education program on the dangers of leaving an animal inside of an unattended motor vehicle, or both counseling and the education program.(2) The counseling and education program described in paragraph (1) shall be paid for by the defendant. The court shall determine the defendants ability to pay. If the court finds that the defendant is financially unable to pay, the court may develop a sliding fee schedule based on the defendants ability to pay. A person who meets the criteria set forth in Section 68632 of the Government Code shall not be responsible for any costs. The counseling and education program specified in this section shall be in addition to any other terms and conditions of probation, including any term of imprisonment and fine, for misdemeanor convictions and in addition to any fine for infraction convictions.(3) If a person is convicted of an infraction pursuant to this section, the court shall impose the fine and order the defendant to file proof of completion of the counseling, the education program, or both the counseling and the education program with the court within 18 months of the conviction.(4) A person who is ordered to complete counseling or an education program pursuant to this subdivision and who willfully fails to comply with a court order to attend and successfully complete counseling, the education program, or both the counseling and the education program is guilty of a misdemeanor. |
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| 53 | 53 | | |
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| 54 | 54 | | SECTION 1. Section 597.7 of the Penal Code is amended to read: |
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| 55 | 55 | | |
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| 56 | 56 | | ### SECTION 1. |
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| 57 | 57 | | |
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| 58 | 58 | | 597.7. (a) A person shall not leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(b) (1) This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animals safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(2) A person who removes an animal from a vehicle in accordance with paragraph (1) is not criminally liable for actions taken reasonably and in good faith if the person does all of the following:(A) Determines the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle.(B) Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one.(C) Has contacted a local law enforcement agency, the fire department, animal control, or the 911 emergency service prior to forcibly entering the vehicle.(D) Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, humane officer, animal control officer, or another emergency responder arrives.(E) Used no more force to enter the vehicle and remove the animal from the vehicle than was necessary under the circumstances.(F) Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who responds to the scene.(c) Unless the animal suffers great bodily injury, a first conviction for violation of this section is an infraction punishable by a fine not exceeding one hundred dollars ($100) five hundred dollars ($500) per animal. If the animal suffers great bodily injury, a violation of this section is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500), two thousand dollars ($2,000) imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. Any subsequent violation of this section, regardless of injury to the animal, is also a misdemeanor punishable by a fine not exceeding five hundred dollars ($500), two thousand dollars ($2,000), imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment.(d) (1) This section does not prevent a peace officer, firefighter, humane officer, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the animals safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(2) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take it to an animal shelter or other place of safekeeping or, if the officer deems necessary, to a veterinary hospital for treatment. The owner of the animal removed from the vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.(3) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible.(4) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing his or her their name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.(5) Except as provided in subdivision (b), this section does not affect in any way existing liabilities or immunities in current law, or create any new immunities or liabilities.(e) Nothing in this section shall preclude prosecution under both this section and Section 597 or any other provision of law, including city or county ordinances.(f) Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes.(g) (1) Notwithstanding any other provision of law, the court shall order a defendant convicted under this section to successfully complete, as determined by the court, counseling to evaluate and treat behavior or conduct disorders, an education program on the dangers of leaving an animal inside of an unattended motor vehicle, or both counseling and the education program.(2) The counseling and education program described in paragraph (1) shall be paid for by the defendant. The court shall determine the defendants ability to pay. If the court finds that the defendant is financially unable to pay, the court may develop a sliding fee schedule based on the defendants ability to pay. A person who meets the criteria set forth in Section 68632 of the Government Code shall not be responsible for any costs. The counseling and education program specified in this section shall be in addition to any other terms and conditions of probation, including any term of imprisonment and fine, for misdemeanor convictions and in addition to any fine for infraction convictions.(3) If a person is convicted of an infraction pursuant to this section, the court shall impose the fine and order the defendant to file proof of completion of the counseling, the education program, or both the counseling and the education program with the court within 18 months of the conviction.(4) A person who is ordered to complete counseling or an education program pursuant to this subdivision and who willfully fails to comply with a court order to attend and successfully complete counseling, the education program, or both the counseling and the education program is guilty of a misdemeanor. |
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| 59 | 59 | | |
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| 60 | 60 | | 597.7. (a) A person shall not leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(b) (1) This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animals safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(2) A person who removes an animal from a vehicle in accordance with paragraph (1) is not criminally liable for actions taken reasonably and in good faith if the person does all of the following:(A) Determines the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle.(B) Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one.(C) Has contacted a local law enforcement agency, the fire department, animal control, or the 911 emergency service prior to forcibly entering the vehicle.(D) Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, humane officer, animal control officer, or another emergency responder arrives.(E) Used no more force to enter the vehicle and remove the animal from the vehicle than was necessary under the circumstances.(F) Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who responds to the scene.(c) Unless the animal suffers great bodily injury, a first conviction for violation of this section is an infraction punishable by a fine not exceeding one hundred dollars ($100) five hundred dollars ($500) per animal. If the animal suffers great bodily injury, a violation of this section is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500), two thousand dollars ($2,000) imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. Any subsequent violation of this section, regardless of injury to the animal, is also a misdemeanor punishable by a fine not exceeding five hundred dollars ($500), two thousand dollars ($2,000), imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment.(d) (1) This section does not prevent a peace officer, firefighter, humane officer, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the animals safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(2) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take it to an animal shelter or other place of safekeeping or, if the officer deems necessary, to a veterinary hospital for treatment. The owner of the animal removed from the vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.(3) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible.(4) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing his or her their name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.(5) Except as provided in subdivision (b), this section does not affect in any way existing liabilities or immunities in current law, or create any new immunities or liabilities.(e) Nothing in this section shall preclude prosecution under both this section and Section 597 or any other provision of law, including city or county ordinances.(f) Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes.(g) (1) Notwithstanding any other provision of law, the court shall order a defendant convicted under this section to successfully complete, as determined by the court, counseling to evaluate and treat behavior or conduct disorders, an education program on the dangers of leaving an animal inside of an unattended motor vehicle, or both counseling and the education program.(2) The counseling and education program described in paragraph (1) shall be paid for by the defendant. The court shall determine the defendants ability to pay. If the court finds that the defendant is financially unable to pay, the court may develop a sliding fee schedule based on the defendants ability to pay. A person who meets the criteria set forth in Section 68632 of the Government Code shall not be responsible for any costs. The counseling and education program specified in this section shall be in addition to any other terms and conditions of probation, including any term of imprisonment and fine, for misdemeanor convictions and in addition to any fine for infraction convictions.(3) If a person is convicted of an infraction pursuant to this section, the court shall impose the fine and order the defendant to file proof of completion of the counseling, the education program, or both the counseling and the education program with the court within 18 months of the conviction.(4) A person who is ordered to complete counseling or an education program pursuant to this subdivision and who willfully fails to comply with a court order to attend and successfully complete counseling, the education program, or both the counseling and the education program is guilty of a misdemeanor. |
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| 61 | 61 | | |
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| 62 | 62 | | 597.7. (a) A person shall not leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(b) (1) This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animals safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(2) A person who removes an animal from a vehicle in accordance with paragraph (1) is not criminally liable for actions taken reasonably and in good faith if the person does all of the following:(A) Determines the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle.(B) Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one.(C) Has contacted a local law enforcement agency, the fire department, animal control, or the 911 emergency service prior to forcibly entering the vehicle.(D) Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, humane officer, animal control officer, or another emergency responder arrives.(E) Used no more force to enter the vehicle and remove the animal from the vehicle than was necessary under the circumstances.(F) Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who responds to the scene.(c) Unless the animal suffers great bodily injury, a first conviction for violation of this section is an infraction punishable by a fine not exceeding one hundred dollars ($100) five hundred dollars ($500) per animal. If the animal suffers great bodily injury, a violation of this section is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500), two thousand dollars ($2,000) imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. Any subsequent violation of this section, regardless of injury to the animal, is also a misdemeanor punishable by a fine not exceeding five hundred dollars ($500), two thousand dollars ($2,000), imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment.(d) (1) This section does not prevent a peace officer, firefighter, humane officer, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the animals safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.(2) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take it to an animal shelter or other place of safekeeping or, if the officer deems necessary, to a veterinary hospital for treatment. The owner of the animal removed from the vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.(3) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible.(4) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing his or her their name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.(5) Except as provided in subdivision (b), this section does not affect in any way existing liabilities or immunities in current law, or create any new immunities or liabilities.(e) Nothing in this section shall preclude prosecution under both this section and Section 597 or any other provision of law, including city or county ordinances.(f) Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes.(g) (1) Notwithstanding any other provision of law, the court shall order a defendant convicted under this section to successfully complete, as determined by the court, counseling to evaluate and treat behavior or conduct disorders, an education program on the dangers of leaving an animal inside of an unattended motor vehicle, or both counseling and the education program.(2) The counseling and education program described in paragraph (1) shall be paid for by the defendant. The court shall determine the defendants ability to pay. If the court finds that the defendant is financially unable to pay, the court may develop a sliding fee schedule based on the defendants ability to pay. A person who meets the criteria set forth in Section 68632 of the Government Code shall not be responsible for any costs. The counseling and education program specified in this section shall be in addition to any other terms and conditions of probation, including any term of imprisonment and fine, for misdemeanor convictions and in addition to any fine for infraction convictions.(3) If a person is convicted of an infraction pursuant to this section, the court shall impose the fine and order the defendant to file proof of completion of the counseling, the education program, or both the counseling and the education program with the court within 18 months of the conviction.(4) A person who is ordered to complete counseling or an education program pursuant to this subdivision and who willfully fails to comply with a court order to attend and successfully complete counseling, the education program, or both the counseling and the education program is guilty of a misdemeanor. |
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| 63 | 63 | | |
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| 64 | 64 | | |
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| 65 | 65 | | |
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| 66 | 66 | | 597.7. (a) A person shall not leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. |
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| 67 | 67 | | |
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| 68 | 68 | | (b) (1) This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animals safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. |
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| 69 | 69 | | |
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| 70 | 70 | | (2) A person who removes an animal from a vehicle in accordance with paragraph (1) is not criminally liable for actions taken reasonably and in good faith if the person does all of the following: |
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| 71 | 71 | | |
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| 72 | 72 | | (A) Determines the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle. |
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| 73 | 73 | | |
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| 74 | 74 | | (B) Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one. |
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| 75 | 75 | | |
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| 76 | 76 | | (C) Has contacted a local law enforcement agency, the fire department, animal control, or the 911 emergency service prior to forcibly entering the vehicle. |
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| 77 | 77 | | |
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| 78 | 78 | | (D) Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, humane officer, animal control officer, or another emergency responder arrives. |
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| 79 | 79 | | |
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| 80 | 80 | | (E) Used no more force to enter the vehicle and remove the animal from the vehicle than was necessary under the circumstances. |
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| 81 | 81 | | |
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| 82 | 82 | | (F) Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who responds to the scene. |
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| 83 | 83 | | |
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| 84 | 84 | | (c) Unless the animal suffers great bodily injury, a first conviction for violation of this section is an infraction punishable by a fine not exceeding one hundred dollars ($100) five hundred dollars ($500) per animal. If the animal suffers great bodily injury, a violation of this section is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500), two thousand dollars ($2,000) imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. Any subsequent violation of this section, regardless of injury to the animal, is also a misdemeanor punishable by a fine not exceeding five hundred dollars ($500), two thousand dollars ($2,000), imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. |
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| 85 | 85 | | |
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| 86 | 86 | | (d) (1) This section does not prevent a peace officer, firefighter, humane officer, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the animals safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. |
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| 87 | 87 | | |
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| 88 | 88 | | (2) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take it to an animal shelter or other place of safekeeping or, if the officer deems necessary, to a veterinary hospital for treatment. The owner of the animal removed from the vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. |
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| 89 | 89 | | |
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| 90 | 90 | | (3) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible. |
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| 91 | 91 | | |
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| 92 | 92 | | (4) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing his or her their name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. |
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| 93 | 93 | | |
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| 94 | 94 | | (5) Except as provided in subdivision (b), this section does not affect in any way existing liabilities or immunities in current law, or create any new immunities or liabilities. |
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| 95 | 95 | | |
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| 96 | 96 | | (e) Nothing in this section shall preclude prosecution under both this section and Section 597 or any other provision of law, including city or county ordinances. |
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| 97 | 97 | | |
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| 98 | 98 | | (f) Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes. |
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| 99 | 99 | | |
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| 100 | 100 | | (g) (1) Notwithstanding any other provision of law, the court shall order a defendant convicted under this section to successfully complete, as determined by the court, counseling to evaluate and treat behavior or conduct disorders, an education program on the dangers of leaving an animal inside of an unattended motor vehicle, or both counseling and the education program. |
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| 101 | 101 | | |
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| 102 | 102 | | (2) The counseling and education program described in paragraph (1) shall be paid for by the defendant. The court shall determine the defendants ability to pay. If the court finds that the defendant is financially unable to pay, the court may develop a sliding fee schedule based on the defendants ability to pay. A person who meets the criteria set forth in Section 68632 of the Government Code shall not be responsible for any costs. The counseling and education program specified in this section shall be in addition to any other terms and conditions of probation, including any term of imprisonment and fine, for misdemeanor convictions and in addition to any fine for infraction convictions. |
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| 103 | 103 | | |
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| 104 | 104 | | (3) If a person is convicted of an infraction pursuant to this section, the court shall impose the fine and order the defendant to file proof of completion of the counseling, the education program, or both the counseling and the education program with the court within 18 months of the conviction. |
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| 105 | 105 | | |
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| 106 | 106 | | (4) A person who is ordered to complete counseling or an education program pursuant to this subdivision and who willfully fails to comply with a court order to attend and successfully complete counseling, the education program, or both the counseling and the education program is guilty of a misdemeanor. |
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| 107 | 107 | | |
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| 108 | 108 | | SEC. 2. 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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| 109 | 109 | | |
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| 110 | 110 | | SEC. 2. 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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| 111 | 111 | | |
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| 112 | 112 | | SEC. 2. 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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| 113 | 113 | | |
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| 114 | 114 | | ### SEC. 2. |
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