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<ns0:Id>20250AB__257499INT</ns0:Id>
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<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>2574</ns0:MeasureNum>
<ns0:MeasureState>INT</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Alanis</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Alanis</ns0:Name>
</ns0:Legislator>
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<ns0:Title> An act to amend Sections 31621 and 31622 of, and to add Section 31625.5 to, the Food and Agricultural Code, relating to dogs. </ns0:Title>
<ns0:RelatingClause>dogs</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Potentially dangerous and vicious dogs: hearings: appeal: notice of owner’s or keeper’s rights.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law regulates potentially dangerous and vicious dogs. Existing law requires the chief officer of a public animal shelter or animal control department, or the head of a local law enforcement agency, if probable cause exists to believe that a dog is potentially dangerous or vicious, to petition the superior court for a hearing in a limited civil proceeding to determine, upon a preponderance of the evidence, whether the dog should be declared potentially dangerous or vicious. Existing law also authorizes a city or county to establish an administrative hearing procedure to hear and dispose of petitions filed for these purposes. Existing law requires notification to the owner or keeper of a dog that a hearing will be held by the superior court or the hearing entity and that the owner or keeper of the dog is authorized to present evidence as to why the dog should not be declared
potentially dangerous or vicious. Existing law requires the owner or keeper of the dog to be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. Existing law requires that the hearing be held promptly within no less than 5 working days and not more than 10 working days after service of notice. Existing law authorizes a law enforcement or animal control officer, if upon investigation it is determined that probable cause exists to believe a dog poses an immediate threat to public safety, to seize and impound the dog pending a hearing to determine whether the dog should be declared potentially dangerous or vicious. Existing law requires, after that hearing, the owner or keeper of the dog to be notified in writing of the determination and orders issued and, if a determination is made that the dog is potentially dangerous or vicious, requires the owner or keeper of the dog to take specified action, as provided. Existing law
authorizes the petitioner or the owner or keeper of the dog to, within 5 days of the receipt of the notice of determination, appeal the decision, as specified. Under existing law, the court hearing the appeal is required to conduct the hearing de novo and to decide the issue upon the preponderance of the evidence.</html:p>
<html:p>Under existing law, the above-described provisions regulating potentially dangerous and vicious dogs do not prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs that includes all, part, or none of these provisions, if that program does not regulate potentially dangerous or vicious dogs in a manner that is specific as to breed, as specified.</html:p>
<html:p>This bill would instead require a city or county to comply with the above-described hearing, notification, and appeal provisions. The bill would also raise the applicable evidentiary standard to by clear
and convincing evidence for the determination of whether the dog should be declared potentially dangerous or vicious and appeals on that issue.</html:p>
<html:p>This bill would require a law enforcement or animal control officer, if a dog is seized and impounded pending a hearing to determine whether the dog should be declared potentially dangerous or vicious, to provide a notice of rights to the owner or keeper of the dog at the same time as the above-described notice of hearing. The bill would require that the notice include a detailed description of the reason the owner’s or keeper’s dog is being seized and impounded and specified information on the hearing procedures. The bill would require the owner or keeper of the dog to sign the notice under the penalty of perjury affirming that they are the owner or keeper of the dog and that they received the notice. The bill would require the law enforcement or animal control officer providing the notice to retain a signed copy for their
records and to provide a signed copy to the owner or keeper of the dog.</html:p>
<html:p>By expanding the crime of perjury, and to the extent the bill would impose additional duties on local law enforcement and animal control agencies, this bill would impose a state-mandated local program.</html:p>
<html:p>The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all counties and cities, including charter counties and charter cities.</html:p>
<html:p>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.</html:p>
<html:p>This bill would provide that with regard to certain mandates no reimbursement is
required by this act for a specified reason.</html:p>
<html:p>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.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
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<ns0:Election>NO</ns0:Election>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_3EADA96E-1B33-4B18-90B6-CB33C41CB757">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 31621 of the
<ns0:DocName>Food and Agricultural Code</ns0:DocName>
is amended to read:
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<ns0:Num>31621.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
If an animal control officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the chief officer of the public animal shelter or animal control department, the chief officer’s immediate supervisor, the head of the local law enforcement agency, or the agency head’s designee, shall petition the superior court of the county in which the dog is
owned or kept for a hearing for the purpose of determining whether or not the dog should be declared potentially dangerous or vicious.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A proceeding under this section is a limited civil case.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A city or county may establish an administrative hearing procedure to hear and dispose of petitions filed pursuant to this chapter.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Whenever possible, a complaint received from a member of the public
that serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The chief officer of the public animal shelter or animal control department or head of the local law enforcement agency shall notify the owner or keeper of the dog that a hearing will be held by the superior court or the hearing entity, as the case may be, at which time the owner or keeper of the dog
may present evidence as to why the dog should not be declared potentially dangerous or vicious.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The hearing shall be held promptly within no less than five working days and not more than 10 working days after service of notice upon the owner or keeper of the dog.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The
hearing shall be open to the public.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The court may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, may limit the scope of discovery, and may shorten the time to produce records or witnesses.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A jury shall not be available.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The court may find, by clear and convincing evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this chapter.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Notwithstanding Section 31683, this section shall apply to all cities and
counties.
</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 31622 of the
<ns0:DocName>Food and Agricultural Code</ns0:DocName>
is amended to read:
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<ns0:Num>31622.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
After the hearing conducted pursuant to Section 31621, the owner or keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by first-class mail postage prepaid by the court or hearing entity.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a determination is made that the dog is potentially dangerous or vicious, the owner or keeper of the dog shall comply with Article 3 (commencing with Section 31641) in accordance with a time schedule established by the chief officer of the public animal shelter or animal control department or the head of the local law enforcement agency, but in no case more than 30 days after the date of the determination or 35 days if notice of the determination is mailed to the owner or keeper of the dog.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the
petitioner or the owner or keeper of the dog contests the determination, they may, within five days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction. The fee for filing an appeal, payable to the clerk of the court, is as provided in subdivision (b) of Section 70626 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the original hearing held pursuant to Section 31621 was before a hearing entity other than a court of the jurisdiction, appeal shall be to the superior court. If the original hearing was held in the superior
court, appeal shall be to the superior court before a judge other than the judge who originally heard the petition.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The petitioner or the owner or keeper of the dog shall serve personally or by first-class mail, postage prepaid, notice of the appeal upon the other party.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The court hearing the appeal shall conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and make other orders authorized by this chapter, based upon the evidence presented.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The hearing shall be conducted in the same manner and within the time periods set forth in Section 31621 and subdivision (a).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The court may admit all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The issue shall be decided
by clear and convincing evidence.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the court rules the dog to be potentially dangerous or vicious, the court may establish a time schedule to ensure compliance with this chapter, but in no case more than 30 days subsequent to the date of the court’s determination or 35 days if the service of the judgment is by first-class mail.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding Section 31683, this section shall apply to all cities and counties.
</html:p>
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<ns0:BillSection id="id_B3414485-3773-41A0-9BB0-253D99674537">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 31625.5 is added to the
<ns0:DocName>Food and Agricultural Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_D67EA7B4-8302-4E83-8B27-7CD74DAC766D">
<ns0:Num>31625.5.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Section 31683, if a dog is seized and impounded by a law enforcement or animal control officer pending a hearing pursuant to Section 31621, the law enforcement or animal control officer shall provide a notice of rights to the owner or keeper of the dog at the same time as the notice of hearing pursuant to Section 31621, either personally or by first-class mail with return receipt requested. The notice of rights shall include both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A detailed description of the reason the owner’s or keeper’s dog is being seized and impounded pending adjudication of whether or not the dog is potentially dangerous or vicious pursuant to Sections 31621 and 31625.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Information on the hearing pursuant to Section 31621, including all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The owner’s or keeper’s right to a hearing by an impartial hearing officer or judge before any potentially dangerous or vicious designation of the dog.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notice that the hearing will be held no less than five working days and not more than 10 working days from the date of the service of notice on the owner or keeper of the dog pursuant to Section 31621.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The owner’s or keeper’s right to legal representation, full access and review of all evidence considered by the investigating law enforcement or animal control agency, including witness statements and contact information, present evidence in defense of the dog, including having witnesses appear on the owner’s or keeper’s behalf, and confront witnesses
during the hearing.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The notice shall require a signature under the penalty of perjury from the owner or keeper affirming that they are the owner or keeper of the dog and that they received the notice required by this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The law enforcement or animal control officer providing the notice of rights shall maintain a copy of the signed notice for their records and shall provide a copy of the signed notice to the owner or keeper of the dog.
</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that Sections 1, 2, and 3 of this act amending Sections 31621 and 31622 of, and adding Section 31625.5 to, the Food and Agricultural Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1, 2, and 3 of this act apply to all counties and cities, including charter counties and charter cities.</html:p>
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<ns0:Num>SEC. 5.</ns0:Num>
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<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
<html:p>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.</html:p>
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