Today's Law As Amended


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AB-2265 Animals: euthanasia.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 17005 of the Food and Agricultural Code is amended to read:

17005.
 (a) Except  It   as provided pursuant to Section 17006, it  is the policy of the state that no adoptable  animal should be euthanized if it can be adopted into a suitable home. Adoptable animals include only those animals eight weeks of age or older that, at or subsequent to the time the animal is impounded or otherwise taken into possession, have manifested no sign of a behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal’s health in the future. home or released to a qualified nonprofit animal rescue or adoption organization that is exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. Sec. 501(c)(3)). 
(b) It is the policy of the state that no treatable animal should be euthanized. A treatable animal shall include any animal that is not adoptable but that could become adoptable with reasonable efforts. This subdivision, by itself, shall not be the basis of liability for damages regarding euthanasia.

SEC. 2.

 Section 17006 of the Food and Agricultural Code is amended to read:

17006.
 (a) Except as specified in subdivision (b), it is the policy of the state that no animal be euthanized by a public animal control agency or shelter or a private entity that contracts with a public animal control agency or shelter for animal care and control services.
Animals (b)   that are  This section does not apply to an animal  irremediably suffering from a serious illness or severe injury shall not be held for owner redemption or adoption. Except as provided in subdivision (b) of Section 31108 and subdivision (c) of Section 31752,  injury, to a dog that is determined to be a vicious dog pursuant to Section 31645, or to  newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption. mothers. 
(c) As used in this section, “irremediably suffering” means an animal that is unable to live without having severe, unremitting physical pain, even with prompt, necessary, and comprehensive veterinary care.

SEC. 3.

 Section 32004 is added to the Food and Agricultural Code, to read:

32004.
 (a) (1) Except as provided pursuant to paragraph (2) and subdivision (d), up to 72 hours before a scheduled euthanasia of a dog or cat but no later than 24 hours before a scheduled euthanasia of a dog or cat, each eligible agency or shelter shall post a daily list of any cat or dog scheduled for euthanasia on their public internet website or public social media page. The daily list shall meet the requirements of subdivision (c).
(2) If an eligible agency or shelter does not have a public internet website or a public social media page, the eligible agency or shelter is exempt from complying with paragraph (1).
(b) (1) Except as provided pursuant to paragraph (2) and subdivision (d), up to 72 hours before a scheduled euthanasia of a dog or cat but no later than 24 hours before a scheduled euthanasia of a dog or cat, each eligible agency or shelter shall post a physical notice on the kennel of a dog or cat scheduled to be euthanized. The eligible agency or shelter shall post the physical notice using 8.5 inch by 11 inch paper with the word EUTHANIZE appearing in size 72 font, and the physical notice shall meet the requirements of subdivision (c).
(2) Notwithstanding paragraph (1), if a dog or cat is housed by an eligible agency or shelter in an area without public access, the eligible agency or shelter shall post the physical notice described in paragraph (1) in an area that is accessible to public view instead of on the kennel of that dog or cat.
(c) The daily list described in subdivision (a) and the physical notice described in subdivision (b) shall meet all of the following requirements:
(1) The eligible agency or shelter shall provide all information required pursuant to this section in a clear and conspicuous manner.
(2) The eligible agency or shelter shall document the reason for the scheduled euthanasia and whether the dog or cat is available for one or more of the following:
(A) Adoption.
(B) Fostering.
(C) Transfer to a rescue group.
(3) The eligible agency or shelter shall clearly state the contact email and telephone number of the appropriate department or person to contact so that rescue, foster, or adoption can be immediately effectuated.
(d) (1) The eligible agency or shelter may provide the daily list described in subdivision (a) or the physical notice described in subdivision (b) for less than 24 hours if the eligible agency or shelter determines that doing so is in the best interest of the dog or cat scheduled for euthanasia or the general animal population at the animal shelter.
(2) For each instance where the eligible agency or shelter provides the daily list or physical notice for less than 24 hours pursuant to paragraph (1), the eligible agency or shelter shall document the reason and shall keep it on file and available for public inspection for at least three years.
(e) Section 9 does not apply to a violation of this section.
(f) As used in this section, the following definitions apply:
(1) “Eligible agency or shelter” means a public animal control agency or shelter or a private entity that contracts with a public animal control agency or shelter for animal care and control services.
(2) “Rescue group” means a for-profit or not-for-profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of cats or dogs, or both, that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter or that have been previously owned by any person other than the original breeder of that cat or dog, or both.

SEC. 4.

 Section 32005 is added to the Food and Agricultural Code, to read:

32005.
 (a) (1) A public animal control agency or shelter that seeks to adopt a policy, practice, or protocol that raises the potential for conflict with any aspect of Hayden’s Law shall first give notice to the city or county body that funds the public animal control agency or shelter. The public animal control agency or shelter shall also post a notice regarding the policy, practice, or protocol that raises the potential for conflict with any aspect of Hayden’s Law at its facility in a manner that is accessible to public view.
(2) Upon receipt of the notice described in paragraph (1), the city or county body that funds the public animal control agency or shelter shall, within 60 days, schedule a public hearing regarding the policy, practice, or protocol that raises the potential for conflict with any aspect of Hayden’s Law.
(b) As used in this section, “Hayden’s Law” means all of the following:
(1) Section 1815 of the Civil Code.
(2) Section 1816 of the Civil Code.
(3) Section 1834 of the Civil Code.
(4) Section 1834.4 of the Civil Code.
(5) Section 1845 of the Civil Code.
(6) Section 1846 of the Civil Code.
(7) Section 1847 of the Civil Code.
(8) Section 2080 of the Civil Code.
(9) Section 17005 of the Food and Agricultural Code.
(10) Section 17006 of the Food and Agricultural Code.
(11) Section 31108 of the Food and Agricultural Code.
(12) Section 31752 of the Food and Agricultural Code.
(13) Section 31752.5 of the Food and Agricultural Code.
(14) Section 31753 of the Food and Agricultural Code.
(15) Section 31754 of Food and Agricultural Code.
(16) Section 32001 of the Food and Agricultural Code.
(17) Section 32003 of Food and Agricultural Code.
(18) Section 597.1 of the Penal Code.
(19) Section 599d of the Penal Code.
SEC. 5.
 The Legislature finds and declares that the health and welfare of animals in shelters is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 through 4, inclusive, of this act amending Sections 17005 and 17006 of, and adding Sections 32004 and 32005 to, the Food and Agricultural Code apply to all cities, including charter cities.
SEC. 6.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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 XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.