CA - AB 1117 - Language in this bill goes too far

[trinitydobes]

From: Geneva Coats
Sent: Tuesday, August 16, 2011 4:14 PM
To: [e-mail] Subject: [AKC-legislative-liaisons] Fwd: [CalFedDogClubs] AB1117_contact your senator NOW!

[Please also read this link wearechangetv.us/2011/06/california-assembly-bill-allows-state-to-confiscate-pets-without-return/ about this bill - I don't have a problem with siezing assets (i.e. the abused animals) for anyone tried and convicted of animal cruelty - but this is where the AR people have their "gotcha moments" and get us to go along and vote yes on these bills - AS WRITTEN this bill would allow assets to be seized and forefit your right to reclaim your dog EVEN IF PROVEN INNOCENT -this means if you win your case in court and prove your innocence - you have no right to reclaim your dog or cat - they can be disposed of ie. spayed and sold to a new home under this law. The language needs to be changed to protect those that prove their innocence - or you Californians need to VOTE NO on this bill as witten!!]
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(A message from the California Federation of Dog Clubs. Permission to crosspost)

AB 1117 is up for a vote of the full Senate this Thursday, August 18. Please contact your senator now and voice your opposition!

(Senate contact information provided below)

Here is some information about the bill:

AB 1117 would extend civil asset forfeiture to include animals. Existing law requires a convicted person to pay for the costs involved with seizing and impounding their animals. AB 1117 would extend the lien on animals based simply upon a correctly issued warrant. This would be not only unjust, but onerous and cost-prohibitive to most owners, who would be forced to forfeit their animals EVEN IF INNOCENT. The animals would then further add to the financial strain on local shelters.

This bill would require any order prohibiting ownership to also prohibit the person from possessing, maintaining, having custody of, or residing with animals of any kind. It would further require the owner to make “additional showings” in order for the court to direct the release of seized or impounded animals. This bill creates 5 and 10-year probation periods. This mandated monitoring for extended periods of time would significantly impact local budgets, already strained with the economic recession.

This bill creates a new misdemeanor offense for a person found to be in violation of the animal-possession injunction. This bill may exacerbate the current overcrowding crisis in county jails since a person who violates an animal-ban order is subject to prosecution for a misdemeanor, punishable by up to one year in jail. Under the influence of AB 109, moving state inmates to jails and probation control, costs to monitor for extended probation periods will be considerable.

Sentencing terms and conditions of probation are best left to the discretion of judges based on each individual case. For instance, a case of neglect may be as minor as leaving an animal without water, yet the offender would be prohibited from residing with family members who have animals. This could adversely impact families with guide dogs or other service animals in the household.

The California Judges Association opposes the elimination of judicial discretion and noted in the May 18, 2011 analysis: An enjoining order would probably be appropriate in most cases of animal abuse, but exceptional cases can arise”. The California Judges Association concludes:

“AB 1117 goes too far.”

AB 1117 is unnecessary. Judges already have the discretion to enter an order forbidding persons from caring for animals when warranted. Making this order mandatory could unjustly impact individuals who make a living working with or caring for animals. It could also be detrimental to those who depend on therapy dogs. While this Bill makes an exemption regarding residing with animals for stockowners, other animal owners, for instance an animal trainer, or one with a therapy dog, should have the same consideration. This again should be subject to judicial discretion, and not a blanket mandate.

The Bill would have the party that made the seizure determine whether the convicted party can abide by these “future” events. This is a conflict of interest. A court should determine this, if necessary. The person convicted of animal abuse must prove various future conditions; that he owns the animal, that he has paid the costs of seizure, that the animals are physically fit, that he will provide the necessary care, and that he can legally retain all the animals in question. This is asking an individual to prove acts in the future, which is impossible.

Regarding a similar prior bill presented in 2010 (AB 243, Nava) Gov. Schwarzenegger wrote:
"This measure is unnecessary. Judges already have the discretion to enter an order forbidding persons from caring for animals if it's warranted. Making this order mandatory could unjustly impact individuals who make a living working with or caring for animals."

CONTACT INFORMATION FOR STATE SENATORS:

1.)
Senator Elaine Kontominas Alquist
Capitol Office
State Capitol, Room 5080, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

2.)
Senator Joel Anderson
Capitol Office
State Capitol, Room 2054, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

3.)
Contact Senator Tom Berryhill
Capitol Office
State Capitol, Room 3076, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

4.)
Contact Senator Sam Blakeslee
Capitol Office
State Capitol, Room 4070, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

5.)
Contact Senator Ron Calderon
Capitol Office
State Capitol, Room 5066, Sacramento, CA 94248-0001;
[phone]
FAX [phone]

6.)
Contact Senator Anthony Cannella
Capitol Office
State Capitol, Room 3048, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

7.)
Contact Senator Ellen M. Corbett
Capitol Office
State Capitol, Room 313, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

8.)
Contact Senator Lou Correa
Capitol Office
State Capitol, Room 5052, Sacramento, CA 94248-0001;
[phone]
FAX: NO FAX NUMBER LISTED

9.)
Contact Senator Kevin de León
Capitol Office
State Capitol, Room 5108, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

10.)
Contact Senator Mark DeSaulnier
Capitol Office
State Capitol, Room 5035, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

11.)
Contact Senator Bob Dutton
Capitol Office
State Capitol, Room 305, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

12.)
Contact Senator Bill Emmerson
Capitol Office
State Capitol, Room 4082, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

13.)
Contact Senator Noreen Evans
Capitol Office
State Capitol, Room 4032, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

14.)
Contact Senator Jean Fuller
Capitol Office
State Capitol, Room 3063, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

15.)
Contact Senator Ted Gaines
Capitol Office
State Capitol, Room 3056, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

16.)
Contact Senator Loni Hancock
Capitol Office
State Capitol, Room 2082, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

17.)
Contact Senator Tom Harman
Capitol Office
State Capitol, Room 5094, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

18.)
Contact Senator Ed Hernandez O.D.
Capitol Office
State Capitol, Room 4085, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

19.)
Contact Senator Bob Huff
Capitol Office
State Capitol, Room 5097, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

20.)
Contact Senator Christine Kehoe
Capitol Office
State Capitol, Room 5050, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

21.)
Contact Senator Doug La Malfa
Capitol Office
State Capitol, Room 3070, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

22.)
Contact Senator Mark Leno
Capitol Office
State Capitol, Room 5100, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

23.)
Contact Senator Ted W. Lieu
Capitol Office
State Capitol, Room 4090, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

24.)
Contact Senator Carol Liu
Capitol Office
State Capitol, Room 5061, Sacramento, CA 94248-0001;
[phone]
FAX:[phone]

25.)
Contact Senator Alan Lowenthal
Capitol Office
State Capitol, Room 2032, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

26.)
Contact Senator Gloria Negrete McLeod
Capitol Office
State Capitol, Room 4061, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

27.)
Contact Senator Alex Padilla
Capitol Office
State Capitol, Room 4038, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

28.)
Contact Senator Fran Pavley
Capitol Office
State Capitol, Room 4035, Sacramento, CA 94248-0001;
[phone]
FAX: 916 –324-4823

29.)
Contact Senator Curren D. Price, Jr.
Capitol Office
State Capitol, Room 2057, Sacramento, CA 94248-0001;
[phone]
FAX:[phone]

30.)
Contact Senator Michael J. Rubio
Capitol Office
State Capitol, Room 2066, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

31.)
Contact Senator Sharon Runner
Capitol Office
State Capitol, Room 2048, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

32.)
Contact Senator S. Joseph Simitian
Capitol Office
State Capitol, Room 2080, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

33.)
Contact Senator Darrell Steinberg
Capitol Office
State Capitol, Room 205, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

34.)
Contact Senator Tony Strickland
Capitol Office
State Capitol, Room 4062, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

35.)
Contact Senator Juan Vargas
Capitol Office
State Capitol, Room 3092, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

36.)
Contact Senator Mimi Walters
Capitol Office
State Capitol, Room 3082, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

37.)
Contact Senator Lois Wolk
Capitol Office
State Capitol, Room 5114, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

38.)
Contact Senator Roderick D. Wright
Capitol Office
State Capitol, Room 5064, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

39.)
Contact Senator Mark Wyland
Capitol Office
State Capitol, Room 4048, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]

40.)
Contact Senator Leland Y. Yee
Capitol Office
State Capitol, Room 4074, Sacramento, CA 94248-0001;
[phone]
FAX: [phone]