SB 860

This bill prohibits a person from conveying an animal to another person unless

the person conveying the animal requests a background check from the Department

of Justice, at the expense of the person obtaining the animal, and the background

check shows that the person obtaining the animal has not been convicted of a crime

against an animal. A person who conveys an animal in violation of this requirement

is subject to existing penalties under current law, which provide for a forfeiture of not

more than $1,000 for the first offense and not less than $200 nor more than $2,000

for the second or any subsequent offense within five years.

Current law allows the sentencing court to order persons who are convicted of

certain crimes against an animal not to own, possess, or train any animal or type or

species of an animal for a maximum of five years. This bill allows the sentencing

court to order a person who was convicted of such a crime not to own, possess, reside

with, or train any animal for any period, including for his or her lifetime. In addition,

this bill adds the current law crime of sexual gratification involving an animal to the

list of crimes to which the prohibition may be imposed.

Under current law, a sentencing court must order persons who are convicted of

certain crimes against an animal to pay restitution for any pecuniary loss suffered

by another person as a result of the crime. This bill adds sexual gratification

involving an animal to this list of crimes requiring such restitution and adds to the

definition of pecuniary loss any expenses in seizing and caring for an animal involved

in the crime.