Official Summary Text
AB 2344, as amended, Haney.
Animal abuse:
registry: internet publication.
forfeiture.
Existing law prohibits various acts of abuse toward animals, including, among others, inflicting unnecessary cruelty or abusing an animal in any manner, including, but not limited to, maliciously and intentionally maiming, mutilating, torturing, or wounding an animal.
This bill would, in a criminal case alleging a violation of specified animal abuse crimes, authorize specified entities to request that the prosecuting attorney file a petition requesting that, before final disposition, the court issue an order forfeiting the animal to the city, county, or seizing agency 30 days after a defendant fails to appear in court, as specified. The bill would
additionally, if the defendant is granted diversion for those crimes, authorize the prosecution to request an order from the court that the defendant be prohibited from owning, possessing, caring for, or residing with, animals of any kind, as specified. By increasing duties on local prosecutors, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)
Existing law requires persons convicted of arson and sex crimes to register with local law enforcement, as provided. The Department of Justice is required to make specified information about certain sex offenders available to the public via an internet website and to update that information on an ongoing basis.
This bill would require any person over 18 years of age who is convicted of felony animal abuse, as defined, to register with the appropriate law enforcement agency, as provided, for a period of 10 years from the date of conviction. The bill would require that the registration consist of a signed written statement of specified information, including, but not limited to, legal name and aliases, date of birth, address or current
location, name and address of employer, and the specific felony animal abuse conviction for which the person is required to register. The registration would also consist of a photograph of the person, a complete set of fingerprints, and a description of any tattoos, scars, or other distinguishing features on the person’s body that would assist in identifying the person. The bill would require that, within 3 days after the registration, the registering law enforcement agency electronically forward the statement, fingerprints, and photograph of the registrant to the Department of Justice. By increasing duties on local law enforcement, this bill would impose a state-mandated local program.
The bill would make any person required to register who violates any of those provisions guilty of a misdemeanor, and if the person willfully fails to register, they would be guilty of a misdemeanor punishable by not less than 90 days and not more than one year in a county jail. The
bill would allow a person to be relieved of the duty to register only as specified.
The bill, on or before January 1, 2028, would require the department to make available information concerning persons who are required to register as a result of felony animal abuse convictions to the public via an internet website, as specified. The department would be required to update the internet website on an ongoing basis. The name or address of the person’s employer and the listed person’s criminal history other than the specific crimes for which the person is required to register would be prohibited from being included on the internet website. The registration information that would be required to be published on the internet website would include, but not be limited to, their name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the address at which the person resides or the county in which the person is
registered as a transient, and any other information that the Department of Justice deems relevant. The bill would require that the department make a reasonable effort to provide notice to affected offenders that the department is required to make information about those people available to the public. A person would be removed from the internet website if they are relieved of the duty to register, as specified.
The bill would also provide that any person who uses information disclosed pursuant to the internet website to commit a crime is punishable by a fine of not less than $10,000, nor more than $50,000. The bill would make it a misdemeanor for an offender who is required to register to enter the internet website, and would provide for civil liability for the misuse of the information from the internet website. Because this bill would create these and other new crimes as specified above, it would impose a state-mandated local program.
This bill would require a person who has been convicted of a specified offense against an animal to, in addition to any other fine imposed, pay a penalty of $500 for a felony conviction. This bill would establish the Animal Protection Fund in the State Treasury and would require the moneys from the above fines be deposited into the fund, to be available, upon appropriation by the Legislature, for creating, administering, and updating the internet website as required by the bill, and to local governments for spay and neuter programs.
(2)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.