Potentially dangerous and vicious dogs: designation and disposition: burden of proof.

Assembly Member Schultz proposes revising California's dangerous dog laws to establish higher evidentiary standards and formalize the consideration of provocation in determining whether dogs pose public safety risks. The legislation modifies the burden of proof required to designate a dog as vicious, mandating clear and convincing evidence rather than the current preponderance standard.

The bill introduces a formal definition of provocation, encompassing any behavior that a reasonable person would expect to harm, agitate, or confuse a dog to the point of potential aggression. Courts and hearing entities must now explicitly evaluate whether a dog was provoked before making dangerous dog determinations. Orders to euthanize dogs must document that the animal was not provoked and that no alternative restrictions could adequately protect public safety.

Local jurisdictions retain authority to operate their own dangerous dog programs but must incorporate the new evidentiary requirements and provocation standards. The legislation prohibits breed-specific regulations and requires uniform application of these standards across all California cities and counties. Licensed kennels, shelters, veterinary facilities, and law enforcement K-9 units remain exempt from these provisions.

The measure establishes specific timelines for dangerous dog hearings and appeals while mandating that no euthanasia order can be carried out until all appeals are exhausted. These procedural changes aim to ensure consistent evaluation of dog behavior cases while preserving local control over day-to-day animal control operations.