California

Summary: This is an order for a settlment regarding police shooting a dog.

Summary: Darrell Chenault was convicted on 13 counts of lewd acts on a child under 14 years of age and sentenced to 75 years to life in prison. On appeal he contended that the trial court abused its discretion by allowing a support dog to be present during the testimony of two child witnesses without individualized showings of necessity, and that the presence of the dog was inherently prejudicial and violated his federal constitutional rights to a fair trial and to confront the witnesses against him. The appellate court concluded that a trial court has authority under Evidence Code section 765 to allow the presence of a therapy or support dog during a witness’s testimony.” The court did “not believe that the presence of a support dog is inherently more prejudicial than the presence of a support person,” citing the New York case of Tohom. Chinault argued that “individualized showings of necessity” should have been required for F. and C. before the support dog could be present in the courtroom. The appellate court concluded however that “a case-specific finding that an individual witness needs the presence of a support dog is not required by the federal Constitution,” for which Tohom was again cited. Based on the court's review of the record, the appellate court concluded that the trial court made implicit findings that the presence of Asta, the support dog, would assist or enable F. and C. to testify completely and truthfully without undue harassment or embarrassment. The court also took measures to reduce any possible prejudice to Chenault by setting forth logistics for the entry, positioning, and departure of the support dog, along with F. and C., during jury recesses so the dog was as unobtrusive and least disruptive as reasonably possible. The judgment was affirmed.

Summary: This state initiative measure was proposed in 1998 and prohibits trapping mammals classified as fur bearing (or non-game) with body gripping traps for recreation or commerce in fur. This includes, but is not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps and common rat and mouse traps are not considered body-gripping traps. It passed with 57.5% of the vote.

Summary: This proposition would prohibit any person from possessing, transferring, receiving or holding any horse, pony, burro or mule with intent to kill it or have it killed, where the person knows or should know that any part of the animal will be used for human consumption. It provides that a violation constitutes a felony offense. There is also a provision making the sale of horsemeat for human consumption a misdemeanor offense, with subsequent violations punished as felonies. The measure was passed in 1998 with 59.4% of the vote.

Summary: This 2008 California initiative measure would add to the Health & Safety Code with a law entitled, "The Prevention of Farm Animal Cruelty Act." Specifically, the proposed law requires that calves raised for veal, egg-laying hens and pregnant pigs be confined only in ways that allow these animals to lie down, stand up, fully extend their limbs and turn around freely. Exceptions are made for transportation, rodeos, fairs, 4-H programs, lawful slaughter, research and veterinary purposes. The law provides misdemeanor penalties, including a fine not to exceed $1,000 and/or imprisonment in jail for up to 180 days and would go into effect on January 1, 2015. It was approved in November 2008 by a margin of 63% to 37%.

Summary: This California law prohibits any person from transporting any animal in the open back of a vehicle on a highway unless the vehicle has sides that extend 46" vertically, or the animal is secured in a cage and cross-tethered to prevent it from jumping out of the vehicle. The law targets the transporting of dogs in the back of pickup trucks. Exclusions include the transportation of livestock and farm dogs.

Summary: This California law provides that the driver of any vehicle that approaches a horse drawn vehicle, any ridden animal, or livestock must exercise proper control of his vehicle and shall reduce speed or stop as may appear necessary to avoid frightening the animal and to insure safety of the person in charge of the animal.

Summary: This California statute provides that a person can create a trust for the care of a designated domestic or pet animal for the life of the animal. The duration will only be for the life of the pet, even if the trust instrument contemplates a longer duration. Note that the statute uses the singular form of "animal" and the term "domestic" or "pet" is used.

Summary: This California statute provides that, in rabies areas, every owner of dogs older than four months shall get a new dog license at least once every two years as provided by ordinance of the responsible city, city and county, or county. Also, every dog owner shall, at intervals of time not more often than once a year, vaccinate his or her dog against rabies. Any dog in violation of this chapter and any additional provisions that may be prescribed by any local governing body shall be impounded, as provided by local ordinance.

Summary: Beyond being domestic pets, dogs provide many services to humans, such as tracking scents and guarding facilities. Below is a collection of California laws, collectively known as the Dog Act, that set out definitions, requirements, and penalties relating to guard dogs, tracking dogs, narcotics dogs, sentry dogs and the people who handle them.