BILL NUMBER: AB 247	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 16, 2015

INTRODUCED BY   Assembly Member Waldron

                        FEBRUARY 9, 2015

   An act to amend Section  830 of the Penal Code, relating
to peace   30652 of the Food and Agricultural Code, and
to amend Section 830.9 of the Penal Code, relating to animal control
 officers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 247, as amended, Waldron.  Peace officers. 
 Animal control officers.  
   (1) Existing law establishes the Commission on Peace Officer
Standards and Training within the Department of Justice. Existing law
requires the commission to carry out various duties related to the
education and training of peace officers, as defined.  
   Existing law provides that animal control officers are not peace
officers but may exercise the powers of arrest of a peace officer and
the power to serve warrants, as specified, during the course and
within the scope of their employment, if those officers successfully
complete a course in the exercise of those powers.  
   This bill would require every person appointed as an animal
control officer prior to July 1, 2016, to complete a course in the
exercise of the powers of arrest and to serve warrants no later than
July 1, 2017. This bill would require every person appointed as an
animal control officer, and every person appointed as a director,
manager, or supervisor, or any person in direct control of an animal
control agency, on or after July 1, 2016, to complete a course in the
exercise of the powers of arrest and to serve warrants within one
year of his or her appointment, as specified. This bill would require
every animal control officer, prior to the exercise of the powers of
arrest and to serve warrants, to have satisfactorily completed the
required course of training.  
   This bill would also require every animal control officer
appointed prior to July 1, 2016, to satisfactorily complete at least
40 hours of continuing education and training relating to the powers
and duties of an animal control officer, no later than July 1, 2019,
and every 3 years thereafter, as specified. The bill would require
every animal control officer appointed on or after July 1, 2016, to
comply with those requirements within 3 years of the date of his or
her appointment, and every 3 years thereafter.  
   The bill would specify that the above training and continuing
training requirements do not apply to an animal control officer who
is a peace officer.  
   By imposing new training requirements on local employees, this
bill would impose a state-mandated local program.  
   (2) Existing law provides for the regulation and licensing of
dogs, including the issuance of dog license tags. Existing law
requires that fees for the issuance of dog license tags and fines
collected for a violation of the provisions regulating and licensing
dogs be paid into the county, city, or city and county treasury and
that they be used for specified purposes, including to pay costs and
expenses for the enforcement of those provisions.  
   This bill would expand the list of purposes for which those fees
and fines shall be used to include paying for initial and in-service
training for persons charged with enforcing animal control laws,
including animal control officers.  
   (3) 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 these
statutory provisions.  
   Existing law designates which persons are peace officers, and
provides that no person is a peace officer if not so designated.
 
   This bill would make a technical, nonsubstantive change to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 30652 of the   Food
and Agricultural Code   is amended to read: 
   30652.  All fees for the issuance of dog license tags and all
fines collected pursuant to this division shall be paid into the
county, city, or city and county treasury, as the case may be, and
shall be used:
   (a) First, to pay fees for the issuance of dog license tags.
   (b) Second, to pay fees, salaries, costs, expenses, or any or all
of them for the enforcement of this division and all ordinances which
are made pursuant to this division.
   (c) Third, to pay damages to owners of livestock which are killed
by dogs.
   (d) Fourth, to pay costs of any hospitalization or emergency care
of animals pursuant to Section 597f of the Penal Code. 
   (e) Fifth, to pay for initial and in-service training for persons
charged with enforcing animal control laws, including animal control
officers. 
   SEC. 2.    Section 830.9 of the   Penal Code
  is amended to read: 
   830.9.   (a)    Animal control officers are not
peace officers but may exercise the powers of arrest of a peace
officer as specified in Section 836 and the power to serve warrants
as specified in Sections 1523 and 1530 during the course and within
the scope of their employment, if those officers successfully
complete a course in the exercise of those powers pursuant to Section
832.  That part of the training course specified in Section
832 pertaining to the carrying and use of firearms shall not be
required for any animal control officer whose employing agency
prohibits the use of firearms.  
   (b) (1) Every person appointed as an animal control officer prior
to July 1, 2016, shall complete a course in the exercise of the
powers of arrest and to serve warrants pursuant to Section 832 no
later than July 1, 2017. That part of the training course specified
in Section 832 pertaining to the carrying and use of firearms shall
not be required for any animal control officer whose employing agency
prohibits the use of firearms.  
   (2) An animal control officer who completed a course in the
exercise of the powers of arrest and to serve warrants pursuant to
Section 832 prior to January 1, 2016, shall be deemed to have
satisfied the training requirements described in paragraph (1). 

   (c) Every person appointed as an animal control officer on or
after July 1, 2016, shall complete a course in the exercise of the
powers of arrest and to serve warrants pursuant to Section 832 within
one year of his or her appointment. That part of the training course
specified in Section 832 pertaining to the carrying and use of
firearms shall not be required for any animal control officer whose
employing agency prohibits the use of firearms.  
   (d) Every animal control officer described in this section, prior
to the exercise of the powers of arrest and to serve warrants, shall
have satisfactorily completed the course of training described in
Section 832.  
   (e) Every person appointed as a director, manager, or supervisor,
or any person in direct control of an animal control agency, on or
after July 1, 2016, shall complete a course in the exercise of the
powers of arrest and to serve warrants pursuant to Section 832 within
one year of his or her appointment.  
   (f) (1) During each three-year period following the date described
in paragraph (2), every animal control officer shall satisfactorily
complete at least 40 hours of continuing education and training
relating to the powers and duties of an animal control officer, which
education and training shall be sponsored or provided by an
accredited postsecondary institution, the Commission on Peace Officer
Standards and Training, a law enforcement agency, the National
Animal Care and Control Association, the California Animal Control
Directors Association, the California Veterinary Medical Association,
or the State Humane Association of California.  
   (2) Every animal control officer appointed prior to July 1, 2016,
shall comply with the requirements of paragraph (1) no later than
July 1, 2019, and every three years thereafter. Every animal control
officer appointed on or after July 1, 2016, shall comply with the
requirements of paragraph (1) within three years of the date of his
or her appointment, and every three years thereafter.  
   (3) The minimum hours and required topics of continuing education
and training may be determined by the California Animal Control
Directors Association. Continuing education and training shall
include at least four hours of course work in the exercise of the
powers of arrest and to serve warrants taught by a Commission on
Peace Officer Standards and Training certified instructor. This
section does not restrict the ability of an agency employing an
animal control officer from providing the training required by this
subdivision utilizing instructors or curriculum from within the
agency or from an allied agency, provided the topic and length of
instruction otherwise comply with this subdivision.  
   (4) Records of training shall be maintained by the animal control
officer's employing agency.  
   (5) The failure to satisfactorily complete the continuing
education and training requirements under this subdivision within 90
days after the expiration of each three-year period shall result in
the immediate suspension of the authority granted under subdivision
(a).  
   (g) This section does not supersede any existing training
requirements, including, but not limited to, the training
requirements set forth in subdivision (g) of Section 22295. 

   (h) This section does not apply to an animal control officer who
is a peace officer pursuant to Section 830.1.  
    For 
    (i)     For  the purposes of this
section, "firearms" includes capture guns, blowguns, carbon dioxide
operated rifles and pistols, air guns, handguns, rifles, and
shotguns.
   SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 830 of the Penal Code is
amended to read:
   830.  Any person who comes within the provisions of this chapter
and who otherwise meets all standards imposed by law on a peace
officer is a peace officer. Notwithstanding any other law, only a
person designated in this chapter is a peace officer. The restriction
of peace officer functions of any public officer or employee shall
not affect his or her status for purposes of retirement.