AB 540

Current law imposes certain restrictions on felony offenders. A person is a

felony offender if any of the following applies: 1) he or she has been found guilty of

a felony; 2) he or she has been adjudicated delinquent as a juvenile for an act that

would have been a felony if it had been committed by an adult; or 3) he or she has

been found not guilty of a felony by reason of mental disease, defect, or illness.

This bill prohibits certain felony offenders from possessing, controlling, or

residing with a vicious dog, as determined by a humane officer or a law enforcement

officer using criteria specified in the bill. The prohibition applies to persons whose

status as felony offenders is due to committing an act that is classified under the bill

as a serious felony, which includes homicide, felony battery, sexual assault, and

felonies involving controlled substances. A person who violates the prohibition may

be fined up to $10,000 or imprisoned for up to nine months, or both. If a person

violates the prohibition and a person or an animal suffers great bodily harm or death

as a result, the person may be fined up to $10,000 or imprisoned for up to three years

and six months, or both. If a person violates the prohibition and a person suffers

great bodily harm or death as a result and the offender knowingly allowed the dog

to run loose or failed to take steps to control the dog, the person may be fined up to

$10,000 or imprisoned for up to six years, or both.

The prohibition applies to a person for as long as the person is on extended

supervision, parole, or probation for committing the serious felony or for ten years

following any of the following: 1) any period of incarceration imposed for the serious

felony; 2) the conviction for the serious felony if the sentence does not include a period

of incarceration; 3) the delinquency adjudication for the serious felony; or 4) the

finding of not guilty of the serious felony by reason of insanity or mental disease,

defect, or illness.

This bill allows a person to request an exemption from the prohibition if the

exemption is reasonably needed to earn a livelihood or as a condition of employment

and will not endanger public safety. A person seeking an exemption must file a

motion in the circuit court for the county in which he or she will possess, control, or

reside with the vicious dog. The person must provide a copy of the motion to the

district attorney for that county, who must in turn make a reasonable attempt to

contact local law enforcement agencies to inform them of the request and to solicit

any information that may be relevant to whether the request should be granted.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.