Humane
Officers
A.
Level 1 v. Level 2 Humane Officers
B. Requirements for
Becoming a Humane Officer
1. Citizenship
2. Fingerprints
3. Training
4. Background
C. What is
Required of the Appointing Humane Society/SPCA
1. Recordkeeping
2. Liability
Insurance
3. Length of
Incorporation
4. Resolution
5. Proof
of Incorporation
6.
Jurisdiction and Notification
7. Badges and
Uniforms
8.
Firearms (Level
2 Humane Officers Only)
D.
Process for Confirming Appointment of Humane Officer
1.
Application to Court
2.
Department of Justice
3.
Court Order
4.
Clerk of
the Court
E. Expiration of Appointment
F. Revocation of Appointment
G. Reappointment
H. Helpful Links
Humane officers are charged
with enforcing anti-neglect and anti-cruelty laws. In California, only humane
societies and societies for the prevention of cruelty to animals (SPCAs) are
permitted to appoint a humane officer and apply to the superior court for
confirmation of the appointment. Other types of organizations, such as animal
control agencies and animal rescue groups, are not permitted to appoint humane
officers. Similarly, an individual may not apply to the court on his or her own
behalf. A humane officer must always be affiliated with a humane society or
SPCA.
A.
Level
1 v. Level 2 Humane Officers
There are two types of
humane officers, level 1 and level 2. While both may exercise peace officer
powers to prevent animal cruelty, make arrests, and serve search warrants, only
a level 1 officer may carry a firearm. Because level 1 officers are permitted
to carry firearms, the training requirements for becoming a level 1 humane
officer are much more rigorous. Level 1 humane officers must complete a minimum
of 704 hours of training, which includes the basic training for a level 1
reserve officer, whereas a level 2 humane officer must complete only 100 hours
of training. This chart summarizes their respective powers:
|
|
Level 1 Humane Officer |
Level 2 Humane Officer |
|
Peace officer powers |
May exercise peace
officer powers to prevent animal cruelty. |
May exercise peace
officer powers to prevent animal cruelty. |
|
Bystanders |
May summon a
bystander for assistance. |
May summon a
bystander for assistance. |
|
Force |
May use reasonable
force necessary to prevent animal cruelty. |
May use reasonable
force necessary to prevent animal cruelty. |
|
Arrest |
May make arrests for
violation of any California penal law relating to or affecting animals
in the same manner as any peace officer. |
May make arrests for
violation of any California penal law relating to or affecting animals
in the same manner as any peace officer upon successful completion of a
PC 832 course (except the carrying/using firearms component). |
|
Search Warrants |
May serve search
warrants. |
May serve search
warrants within the course and within the scope of employment upon
successful completion of a PC 832 course (except the portion of the
course relating to carrying/using firearms). |
|
Firearms |
May carry firearms
while exercising the duties of a humane officer upon satisfactory
completion of the training of the basic training for a level 1 reserve
officer by the Commission on Peace Officer Standards and Training
pursuant to Penal Code §13510.1. |
Not authorized. |
B.
Requirements for Becoming
a Humane Officer
1. Citizenship
A prospective humane
officer must be a citizen of the State of California.
2. Fingerprints
The prospective humane
officer must supply the humane society/SPCA with fingerprints taken on standard
8X8-inch cards.
3. Training
The amount of training
required depends on the powers sought. Both level 1 and level 2 humane officers
must complete at least:
a. Twenty (20) hours of a course in training in
animal care sponsored or provided by an accredited postsecondary
institution or any other provider approved by the California Veterinary Medical
Association, the focus of which shall be the identification of disease, injury,
and neglect in domestic animals; and
b. Forty (40) hours of training in the
state humane laws relating to the powers and duties of a humane officer,
sponsored or provided by an accredited postsecondary institution, law
enforcement agency, or the State Humane Association of California.
The Basic Animal Law Enforcement Training
Academies, the Animal Care Conference, and the spcaLA Animal Protection Services
Training Courses are designed provide the required training in animal care and
state humane laws that. For more information on training opportunities
provided by State Humane, click here
In addition to the above
training in animal care and state humane laws, a level 1 humane officer must
satisfactorily complete the basic training for a level 1 reserve officer
by the Commission on Peace Officer Standards and Training (POST) pursuant to
Penal Code section 13510.1. This course may be taken in the standard format,
which is 664 hours (full time or part time), or the modular format, which is 730
hours. You may visit the
POST website for more information, including a catalog of course offerings.
A level 2 humane officer
must complete the Arrest component of the Penal Code 832 course. The
Arrest component has a 40-hour requirement and is offered by many law
enforcement agencies and community colleges. You may visit the
POST website for more information, including a catalog of course offerings.
The Penal Code 832 course is listed under “Arrest and Firearms (PC 832).”
The appointing humane
society/SPCA is required to pay the prospective humane officer’s training
expenses.
4. Background
Level 1 humane officers
must satisfy the requirements of Government Code sections 1029, 1030, and 1031.
These requirements include being of good moral character; being free from any
physical, emotional, or mental condition that might adversely affect the
exercise of the humane officer’s powers; and not having been convicted of a
felony (with limited exceptions). To access the Government and other California
codes, visit the
Official California Legislative Information website.
C.
What is
Required of the Appointing Humane Society/SPCA
1. Recordkeeping
The humane society/SPCA
must maintain complete and accurate records demonstrating that the individual
has successfully completed all requirements. These records must be made
available, upon request, to the superior court, the Attorney General, or an
entity duly authorized to review the information, including the State Humane
Association of California.
2. Liability Insurance
The humane society/SPCA
must possess at least $1 million in liability insurance (bodily injury and
property damage).
3. Length of Incorporation
The humane society/SPCA
must have been incorporated for at least six months.
4. Resolution
The appointment must be by
resolution of the board of directors (or trustees) and entered in the minutes.
Each appointment must be by separate resolution, certified to be correct by the
president or secretary of the humane society or SPCA and attested by the
organization’s seal. The resolution shall state the a) name and address of the
appointing agency; b) name of the person appointed; c) fact that the person is a
citizen of California; and 4) badge number to be given the humane officer.
5. Proof of Incorporation
The humane society/SPCA
must have with proof of incorporation in compliance with Part 9 (commencing with
Section 10400) of Division 2 of the California Corporations Code. To access the
Corporations and other California codes, visit the
Official California Legislative Information website.
6. Jurisdiction and
Notification
Prior to appointing a
humane officer, a humane society/SPCA must notify the sheriff of the county in
which the society is incorporated of the agency’s intent to enforce anti-cruelty
and anti-neglect laws. Generally, a humane officer may only serve in the county
in which he or she is appointed. However, a humane officer may request
permission from the sheriff of another county in which the humane officer wishes
to temporarily serve. Before serving a search warrant, a humane officer must
provide prior notice to local law enforcement agencies operating within that
jurisdiction.
7. Badges and Uniforms
Uniforms must prominently
display the name of the appointing humane society/SPCA and may not display the
words “state” or “California,” unless part of the appointing agency’s
incorporated name.
8. Firearms (Level
1 humane officers only)
A humane society or SPCA
must specifically authorize the carrying of firearms by its humane officers and
detail the terms and conditions under which firearms are allowed. who carries a
firearms must have a policy on the use of deadly force by its humane officers
and the humane officer must be instructed in the policy. Note that only level 1
humane officers may carry firearms.
D.
Process for
Confirming Appointment of a Humane Officer
1.
Application to Court
The humane society/SPCA
seeking confirmation of the appointment of a humane officer must apply to the
superior court in and for the county or city and county in which the humane
society/SPCA is incorporated. The following documents must be submitted:
a.
Resolution. Copy of
the resolution appointing prospective humane officer, duly certified to be
correct by the president or secretary of the corporation and attested by its
seal.
b. Fingerprints.
Fingerprints of appointee taken on standard 8X8 inch cards.
c.
Proof of Incorporation.
Proof of organization’s incorporation in compliance with Part 9 (commencing with
Corporations Code section 10400) of Division 2.
d. Liability
Insurance. Copy of the organization’s liability (bodily injury and property
damage) insurance policy in the amount of at least $1 million.
e. Proof
of Training. Documentation establishing that the appointee has
satisfactorily completed the training requirements.
2.
Department of Justice
Upon receipt of the above
documents, the judge will send a copy of the resolution and the fingerprints to
the Department of Justice. The Department of Justice will submit a written
report to the judge of any record of the appointee.
3.
Court Order
If the judge, after
reviewing the report from the Department of Justice (if one) and the appointee’s
qualifications and fitness to act as a humane officer, reaffirms the
appointment, he or she will issue a court order confirming the appointment.
4.
Clerk of the Court
The appointee must then
file a certified copy of the court order in the office of the county clerk of
the county or city and county and, at the same time, take and subscribe the oath
of office prescribed for constables or other peace officers.
The county clerk will them
enter in a book entitled “Record of Humane Officers” the name of the officer,
the name of the agency appointing him or her, the number of his or her badge,
the name of the appointing judge, and the date of the filing. The fee for the
service of the county clerk is $5.
E.
Expiration of Appointment
All appointments of humane
officers automatically expire if the humane society/SPCA disbands or legally
dissolves. In addition, all appointments automatically expire within three
years from the date on which the certified copy of the court order was filed
with the county clerk
F.
Revocation of Appointment
The humane society/SPCA may
revoke an appointment at any time by filing a revocation with the clerk of the
superior court in which the humane officer was appointed. The revocation must
be on the appointing agency’s letterhead and duly certified by its executive
officer. Upon filing the resolution, the county clerk will enter the revocation
in the “Record of Humane Officers.”
In addition, a duly
authorized sheriff, local police agency, or the State Humane Association of
California may petition the court to revoke an appointment
G.
Reappointment
Both Level 1 and Level 2
humane officers are required every three years to complete forty (40) hours of
continuing education and training relating to the powers and duties of a humane
officer. The education and training must be must be provided by an accredited
postsecondary institution, law enforcement agency, or the State Humane
Association of California. Additionally, level 1 humane officers are required
to complete ongoing weapons training and range qualifications at least every six
months pursuant to Penal Code section 830.3(s).
H.
Helpful Links:
State Humane Association of California
California Veterinary Medical Association
Commission on Peace Officer Standards and Training
Superior Courts of California
Official California Legislative Information
