BILL ANALYSIS
SENATE COMMITTEE ON Public Safety
Senator Bruce McPherson, Chair A
2001-2002 Regular Session B
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AB 1023 (Canciamilla) 3
As Amended May 16, 2001
Hearing date: July 10, 2001
Penal Code
SH:br
ANIMAL CONTROL OFFICERS -
AUTHORIZATION TO CARRY BATONS
HISTORY
Source: Animal Services Director, Contra Costa County
Prior Legislation: None
Support: California Federation for Animal Legislation; Animal
Issues Movement; Contra Costa Humane Society; The Fund
for Animals, Inc.; Ohlone Humane Society
Opposition:None known
Assembly Floor Vote: Ayes 76 - Noes 0
KEY ISSUE
SHOULD ANIMAL CONTROL OFFICERS BE ALLOWED TO CARRY BATONS IF THE
ANIMAL CONTROL OFFICER HAS SATISFACTORILY COMPLETED A COURSE OF
INSTRUCTION CERTIFIED BY THE DEPARTMENT OF CONSUMER AFFAIRS IN THE
CARRYING AND USE OF A CLUB OR BATON, AS SPECIFIED?
PURPOSE
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The purpose of this bill is to allow animal control officers to
carry batons if the animal control officer has satisfactorily
completed a course of instruction certified by the Department of
Consumer Affairs in the carrying and use of a club or baton, as
specified.
Existing law does the following:
? Provides that animal control officers are not peace officers
but may exercise the powers of arrest of a peace officer, as
specified, and the power to serve warrants, as specified,
during the course and within the scope of their employment, if
those officers successfully complete a course in the exercise
of those powers pursuant to section 832. That part of the
training course specified in section 832 pertaining to the
carrying and use of firearms shall not be required for any
animal control officer whose employing agency prohibits the
use of firearms. For the purposes of this section, "firearms"
includes capture guns, blowguns, carbon dioxide operated
rifles and pistols, air guns, handguns, rifles, and shotguns.
(Penal Code 830.9.)
? Exempts from the general prohibition from carrying loaded
firearms in public the carrying of weapons by animal control
officers or zookeepers, regularly compensated as such by a
governmental agency when acting in the course and scope of
their employment and when designated by a local ordinance or,
if the governmental agency is not authorized to act by
ordinance, by a resolution, either individually or by class,
to carry the weapons, or by persons who are authorized to
carry the weapons pursuant to section 14502 of the
Corporations Code [humane officers appointed by specified
societies], while actually engaged in the performance of their
duties pursuant to that section. (Penal Code 12031(c)(2).)
? Generally prohibits the manufacture, possession, sale, or
purchase of any instrument or weapon of the kind commonly
known as a blackjack, slungshot, billy, sandclub, sap, or
sandbag. (Penal Code 12020(a)(1).)
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? Authorizes police officers, special police officers, peace
officers, or law enforcement officers to carry a wooden club
or baton if trained by the Commission on Peace Officers
Standards and Training (POST) in the use of a club or baton.
(Penal Code 12002(a).)
? Authorizes uniformed security guards to use a wooden club or
baton in the scope of their employment if trained by a
training institution certified by the DCA (Department of
Consumer Affairs) and issued a permit by the DCA. (Penal Code
12002(b).)
? Authorizes county sheriffs or police security officers to
carry a wooden club or baton if they complete the POST
training in the use of a club or baton within 90 days of
employment. If not, they must complete the training program
certified by DCA, and obtain a permit from DCA. (Penal Code
12002(f).)
This bill does the following:
? Authorizes animal control officers to carry a wooden club or
baton in the course of their employment if the animal control
officer has successfully completed a course of instruction
certified by the Department of Consumer Affairs (DCA) in the
carrying and use of the club or baton.
? Specifically authorizes the certified training institution
presenting the course to charge a fee covering the cost of the
training.
COMMENTS
1. Need for This Bill
The author's background on this bill includes the following:
Animal control officers are not police officers or
special police officers. They also do not fit any of
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the several Penal Code definitions of the term "law
enforcement officer". The legislature gave animal
control officers the right to carry loaded firearms,
but not animal bite sticks or batons. This bill would
allow animal control officers the right to carry batons
if they are properly trained. Current law authorizes
animal control officers to carry loaded firearms in the
course and scope of their employment if they have
completed a course on firearms with POST, however they
are not allowed to carry batons or anything resembling
a club. This bill provides the officer with an
intermediate level of self-defense that could, in some
instances prevent the officer from having to use a
firearm.
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2. Additional Background and Issues
Background provided by the author includes comments such as
"Carrying a club or baton allows an officer an alternative to
shooting a dog. This is also a safety measure for the officer;
it is better for a dog to bite a club than an officer's arm."
There is also a discussion about "animal bite sticks" or "bite
batons" which are clubs or batons under California statute and
which are intended for use with aggressive dogs. An undated
program announcement in the background materials includes:
The reality of a canine, and in some cases human attack,
should be one of the Animal Control Officers' primary
concerns and each officer should learn as much as possible
about how to protect him(her)self against this type of
event. The Tactical (Collapsible) Baton or "Bite Stick"
has become increasingly popular with the last decade for
use in Law Enforcement as well as by Animal Control
Agencies.
The course materials cited do include references to both uses
against human attacks as well as use against animal attack.
However, it may be presumed that any course approved by the
Department of Consumer Affairs at the present time is designed
primarily for peace officer or security personnel who are
expected to confront human foes, notwithstanding that some
incidental mention may or may not be made to animal situations.
Regardless, successful completion of a course approved by the
Department of Consumer Affairs would enable an animal control
officer to possess, carry, and use, a baton. Whether or not
animal control officers would then avail themselves of specific
instruction pertaining to baton use against animal attack is
unclear.
However, it is also unclear if there is a viable alternative to
existing Department of Consumer Affairs certified courses as the
basic threshold for animal control officers pursuant to this
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bill.
The precise language of this bill does state that nothing in the
specified statutory provisions shall prohibit an animal control
officer:
from carrying any wooden club or baton if the animal
control officer has satisfactorily completed a course of
instruction certified by the Department of Consumer Affairs
in the carrying and use of the club or baton . (emphasis
added)
To the extent that the language requires that the course of
instruction must relate to the club or baton carried, then the
course would arguably have to involve the subject baton or club.
If "bite sticks" are clubs or batons otherwise used by other
peace and security officers, than the fact that animal control
officers use those items primarily with animals would not likely
invalidate the authorization granted by this bill. To the
extent that the clubs or batons used by animal control officers
are themselves inherently different than those used by peace and
security officers, than it may be arguable that a specific
animal control officer's course would be required to comply with
the language of this bill.
This bill does not specify that the DCA must certify a specific
club or baton course for animal control officers. However, it
would be possible to further clarify that by adding a sentence
to paragraph (g) added by this bill that: "Nothing in this
subdivision shall require that the Department of Consumer
Affairs develop standards for a course in the carrying and use
of the club or baton other than the standards required in
paragraph (c)." However, that is already implicit in the bill's
language.
3. Suggested Technical Amendment
This bills does add on page 2, line 23, that any animal control
officer who successfully completes the Department of Consumer
Affairs certified course is entitled to receive a permit to
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carry a club or baton "within the scope of his or her
employment" issued by the DCA. However, the DCA does not
license animal control officers. That permit language currently
applies only to uniformed security guards that are within the
DCA's purview. Therefore, it is recommended that "any animal
control officer" be deleted on page 2, line 23.
SHOULD THAT AMENDMENT BE ADOPTED?
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