Animal abuse: penalties.

Existing law provides that the cost of seizing, caring for, and treating any animal seized pursuant to specified provisions regarding the failure to care for animals shall constitute a lien on the animal and that the animal shall not be returned to its owner until the charges are paid. Existing law provides that no animal properly seized pursuant to these provisions shall be returned to its owner until, in the determination of the seizing agency or hearing officer, the animal is physically fit, or the owner can demonstrate that he or she can and will provide the necessary care. This bill would additionally apply these provisions to animals seized pursuant to a search warrant. Existing law establishes various other crimes regarding cruelty to animals and the failure to care for animals. This bill would provide that any person who has been convicted of certain of these crimes, and who within a specified period after conviction, owns, possesses, maintains, has custody of, resides with, or cares for any animal, is guilty of a public offense punishable by a $1,000 fine. The bill would provide that the court may reduce the duration of, or, in the case of livestock owners and in the interest of justice, exempt a defendant from, these restrictions under specified circumstances. By creating a new crime and by increasing the duties of local humane officers, this bill would impose a state-mandated local program. This bill would incorporate changes made by AB 1279 to become operative if both this bill and AB 1279 are enacted and become operative. 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.