7
17200.
(a) begin insert(1)end insertbegin insert end insert Any personbegin insert, except a person described in
8Section 1070 of the Evidence Code,end insert who willfully or knowingly
9begin insert documents evidence of animal cruelty, in the form of film, image,end insert
10 photographs,begin delete recordsend deletebegin insert print, recordingsend insert, or videotapesbegin delete animal
11crueltyend deletebegin insert,end insert shall provide a copy ofbegin delete the photograph, recording, or
12videotapeend deletebegin insert the applicable form of documentary evidence obtained
13by the personend insert to local law enforcementbegin insert end insertbegin insertor an associated animal
P3 1control officerend insert withinbegin delete 48end deletebegin insert 120end insert hours ofbegin delete taking the photograph,
2recording, or videotape. A violation of this subdivisionend delete
3begin insert documentation to assist law enforcement with the timely
4investigation and appropriate enforcement of suspected cases of
5animal cruelty.end insert
6begin insert(2)end insertbegin insert end insertbegin insertThe withholding of any documentary evidence beyond 120
7hours of documentationend insert shall be an infraction punishable by a fine
8of two hundred fifty dollars ($250).begin insert The fine shall only be imposed
9once against a person for withholding documentary evidence
10related to incidences of animal cruelty involving the same person
11or employer.end insert
begin insert
12(3) This section does not apply to the inadvertent capture of an
13image otherwise governed by this section through the use of video
14surveillance, security systems, or other imaging systems.
end insertbegin insert
15(b) Nothing in this section shall limit or impede an ongoing
16investigation as long as a copy of the documentary evidence is
17provided to law enforcement as required by subdivision (a).
18Nothing in this section shall require or encourage law enforcement
19agencies to reveal the source of the documentary evidence to the
20employer of the person who is the source of the material or to any
21person who is suspected of animal cruelty.
end insertbegin delete
22(b)
end delete
23begin insert(c)end insert Retaliation against an employeebegin insert end insertbegin insertby an employerend insert for providing
24begin delete a copy of a photograph, recording, or videotapeend deletebegin insert documentary
25evidenceend insert ofbegin insert end insertbegin insertsuspectedend insert animal cruelty as required by subdivision
26(a) is prohibited as provided in Section 1102.5 of the Labor Code.
begin delete
27(c) Any person who willfully or knowingly photographs, records,
28or videotapes animal cruelty is encouraged to provide a copy of
29the photograph, recording, or videotape to the owner of the animal
30or poultry, or a representative of the owner.
end deletebegin insert
31(d) A person shall not be civilly or criminally liable for
32providing documentary evidence of suspected animal cruelty as
33required by this section.
end insertbegin insert
34(e) Any person providing documentary evidence of suspected
35animal cruelty pursuant to this section who, at the request of a
36law enforcement agency, provides the agency with information
37about the person or employer suspected of animal cruelty shall
38not incur civil or criminal liability as a result of providing that
39information.
end insertbegin insert
P4 1(f) The Department of Food and Agriculture may, but is not
2required to, report to law enforcement or to the district attorney
3an individual suspected of failing to provide documentary evidence
4of suspected animal cruelty as required pursuant to subdivision
5(a).
end insertbegin delete
6(d)
end delete
7begin insert(g)end insert For purposes of this section, the following terms are defined
8as follows:
9(1) “Animal” has the meaning set forth in Section 16302.
10(2) “Animal cruelty” means any act involving an animal or
11poultry described in one or more of the following provisions:
12(A) Subdivision (a), (b), or (c) of Section 597 of the Penal Code.
13(B) Section 597a of the Penal Code.
14(C) Section 597b of the Penal Code.
15(D) Section 597c of the Penal Code.
16(E) Section 597g of the Penal Code.
17(F) Section 597h of the Penal Code.
18(G) Section 597k of the Penal Code.
19(H) Section 597n of the Penal Code.
20(I) Section 597.1 of the Penal Code.
21(3) “Poultry” has the meaning set forth in Section 18675.