CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 554

Introduced by Assembly Member Gabriel

February 08, 2023

An act to amend Section 10404 of the Corporations Code, relating to corporations.


LEGISLATIVE COUNSEL'S DIGEST


AB 554, as introduced, Gabriel. Corporations for the prevention of cruelty to animals: enforcement of laws.
Existing law authorizes the formation of nonprofit corporations under the Nonprofit Public Benefit Corporation Law by 20 or more persons for the prevention of cruelty to animals. Existing law authorizes a corporation, or human officer thereof, to proffer a complaint against any person, before any court or magistrate having jurisdiction, for the violation of any law relating to or affecting animals and to aid in the prosecution of the offender before a court or magistrate.
This bill would authorize a corporation, or humane officer thereof, proffering a complaint under existing law to bring it as a civil action to obtain specific or preventive relief to enforce laws relating to or affecting animals.
This bill would also make legislative findings and declarations in support of its provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NONO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The Nonprofit Corporation Law governs the creation and operation of Societies for the Prevention of Cruelty to Animals to protect the legal interest of animals not to be subjected to cruelty or other forms of illegal harm. Under that law, Societies for the Prevention of Cruelty to Animals are authorized to “proffer a complaint” for the violation of “any law relating to or affecting animals.”
(b) This bill would clarify the authority of Societies for the Prevention of Cruelty to Animals to proffer a complaint to prevent cruelty to animals and other forms of illegal harm. This bill would specify that Societies for the Prevention of Cruelty to Animals may “proffer a complaint” by bringing a civil action for specific or preventive relief to prevent the violation of any law relating to or affecting animals.

SEC. 2.

 Section 10404 of the Corporations Code is amended to read:

10404.
 (a) Any such corporation, or humane officer thereof, may proffer a complaint against any person, before any court or magistrate having jurisdiction, for the violation of any law relating to or affecting animals and may aid in the prosecution of the offender before the court or magistrate.
(b) Any such corporation, or humane officer thereof, proffering a complaint under subdivision (a), may bring it as a civil action for specific or preventive relief, including to enjoin possession, to enforce any law relating to or affecting animals that would be a basis for a complaint under subdivision (a).