Bill Text: CA AB1951 | 2015-2016 | Regular Session | Amended
Bill Title: Crimes: animal cruelty.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-11-30 - From committee without further action. [AB1951 Detail]
Download: California-2015-AB1951-Amended.html
BILL NUMBER: AB 1951 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2016
AMENDED IN ASSEMBLY MARCH 30, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Salas
(Coauthor: Assembly Member Brough)
FEBRUARY 12, 2016
An act to amend Sections 597, 597.5, 600, and 600.5 of
of, and to add Section 597.8 to, the Penal Code,
relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1951, as amended, Salas. Crimes: animal cruelty.
Existing law makes it a crime to maliciously and intentionally
maim, mutilate, torture, or wound a living animal, or maliciously and
intentionally kill an animal. Existing law also makes it a crime to
overdrive, overload, drive when overloaded, overwork, torture,
torment, deprive of necessary sustenance, drink, or shelter, cruelly
beat, mutilate, or cruelly kill an animal. Existing law makes these
crimes punishable as a felony by imprisonment in the county jail for
16 months, 2, or 3 years, or as a misdemeanor punishable by
imprisonment in a county jail for not more than one year, or by a
fine of not more than $20,000, or by both that fine and either
imprisonment. Existing law requires a defendant granted
probation for a conviction of the above crimes to also complete
counseling unless the violation involved police dogs or
police horses.
This bill would instead make the above crimes punishable as a
felony by imprisonment in either the state prison for 2, 3, or 4
years, or a county jail for 16 months, 2, or 3 years, or as a
misdemeanor by imprisonment in a county jail, or a fine of not more
than $20,000, or by both that fine and either the felony or
misdemeanor terms of imprisonment.
This bill would require defendants granted probation for a
violation of the above provisions involving police dogs or police
horses to also receive counseling.
Existing law makes it a crime to own, possess, keep, or train any
dog with the intent that the dog shall be engaged in an exhibition of
fighting with another dog. Existing law additionally makes it a
crime to, for amusement or gain, cause any dog to fight with another
dog, or cause any dog to injure another dog. Existing law also makes
it a crime for a person to permit either of these acts to be done on
premises under his or her charge or control, or to aid or abet either
act. Existing law makes these crimes punishable as a felony
by imprisonment in a county jail, or by a fine not to exceed
$50,000, or by both that fine and imprisonment.
This bill would instead make these crimes punishable as a felony
by imprisonment in the state prison, or by a fine not to exceed
$50,000, or by both that fine and imprisonment.
Existing law act. Existing law
additionally makes it a crime to willfully and maliciously and
with no legal justification take specified actions, including strike,
beat, and hurl or project objects at, any horse or dog under the
supervision of a peace officer in the discharge or attempted
discharge of his or her duties. If the act causes a serious
injury, existing law makes it punishable by imprisonment in the
county jail for 16 months, 2, or 3 years, or as a misdemeanor
punishable by imprisonment in the county jail for not more than one
year, or by a fine of not more than ($2,000), or by both that fine
and either imprisonment.
This bill would instead make the above crime punishable as a
felony by imprisonment in either the state prison for 2, 3, or 4
years, or a county jail for 16 months, 2, or 3 years, or as a
misdemeanor by imprisonment in a county jail, or a fine of not more
than $20,000, or by both that fine and either the felony or
misdemeanor terms of imprisonment.
Existing law duties. Existing law further
makes any person who intentionally causes injury to or the
death of any guide, signal, or service dog, as defined, while the dog
is in discharge of its duties, guilty of a misdemeanor, punishable
by imprisonment in the county jail not exceeding one year, or by a
fine of not more than $10,000, or by both a fine and that
imprisonment.
This bill would instead make that crime punishable as a felony by
imprisonment in either the state prison for 2, 3, or 4 years, or a
county jail for 16 months, 2, or 3 years, or as a misdemeanor by
imprisonment in a county jail, or by a fine of not more than $20,000,
or by both that fine and either the felony or misdemeanor terms of
imprisonment.
This bill would require defendants granted probation for a
conviction under the above crimes to additionally participate in and
successfully complete counseling, as specified. By imposing
additional duties on local governments, this bill would create a
state-mandated local program.
Existing law makes it a crime to commit various forms of animal
abuse, including, among other things, causing bulls or bears to
fight, keeping birds with intent that they be used for an exhibition
of fighting, or willfully abandoning an animal.
This bill would require, upon conviction of specified types of
animal abuse but prior to sentencing, the court to order the person
convicted to submit to a psychiatric or psychological examination, to
be provided by and paid for by the court. The bill would require the
court to consider the result of the examination in determining a
sentence.
By increasing the punishments for crimes, this bill would create a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 597 of the Penal Code is amended to read:
597. (a) Except as provided in subdivision (c) of this section or
Section 599c, every person who maliciously and intentionally maims,
mutilates, tortures, or wounds a living animal, or maliciously and
intentionally kills an animal, is guilty of a crime punishable
pursuant to subdivision (d).
(b) Except as otherwise provided in subdivision (a) or (c), every
person who overdrives, overloads, drives when overloaded, overworks,
tortures, torments, deprives of necessary sustenance, drink, or
shelter, cruelly beats, mutilates, or cruelly kills any animal, or
causes or procures any animal to be so overdriven, overloaded, driven
when overloaded, overworked, tortured, tormented, deprived of
necessary sustenance, drink, shelter, or to be cruelly beaten,
mutilated, or cruelly killed; and whoever, having the charge or
custody of any animal, either as owner or otherwise, subjects any
animal to needless suffering, or inflicts unnecessary cruelty upon
the animal, or in any manner abuses any animal, or fails to provide
the animal with proper food, drink, or shelter or protection from the
weather, or who drives, rides, or otherwise uses the animal when
unfit for labor, is, for each offense, guilty of a crime punishable
pursuant to subdivision (d).
(c) Every person who maliciously and intentionally maims,
mutilates, or tortures any mammal, bird, reptile, amphibian, or fish,
as described in subdivision (e), is guilty of a crime punishable
pursuant to subdivision (d).
(d) A violation of subdivision (a), (b), or (c) is punishable as
a felony by imprisonment in the state prison for two, three,
or four years or pursuant to subdivision (h) of Section
1170, by a fine of not more than twenty thousand dollars ($20,000),
or by both that fine and imprisonment, or alternatively, as a
misdemeanor by imprisonment in a county jail for not more than one
year, or by a fine of not more than twenty thousand dollars
($20,000), or by both that fine and imprisonment.
(e) Subdivision (c) applies to any mammal, bird, reptile,
amphibian, or fish which is a creature described as follows:
(1) Endangered species or threatened species as described in
Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code.
(2) Fully protected birds described in Section 3511 of the Fish
and Game Code.
(3) Fully protected mammals described in Chapter 8 (commencing
with Section 4700) of Part 3 of Division 4 of the Fish and Game Code.
(4) Fully protected reptiles and amphibians described in Chapter 2
(commencing with Section 5050) of Division 5 of the Fish and Game
Code.
(5) Fully protected fish as described in Section 5515 of the Fish
and Game Code.
This subdivision does not supersede or affect any provisions of
law relating to taking of the described species, including, but not
limited to, Section 12008 of the Fish and Game Code.
(f) For the purposes of subdivision (c), each act of malicious and
intentional maiming, mutilating, or torturing a separate specimen of
a creature described in subdivision (e) is a separate offense. If
any person is charged with a violation of subdivision (c), the
proceedings shall be subject to Section 12157 of the Fish and Game
Code.
(g) (1) Upon the conviction of a person charged with a violation
of this section by causing or permitting an act of cruelty, as
defined in Section 599b, all animals lawfully seized and impounded
with respect to the violation by a peace officer, officer of a humane
society, or officer of a pound or animal regulation department of a
public agency shall be adjudged by the court to be forfeited and
shall thereupon be awarded to the impounding officer for proper
disposition. A person convicted of a violation of this section by
causing or permitting an act of cruelty, as defined in Section 599b,
shall be liable to the impounding officer for all costs of
impoundment from the time of seizure to the time of proper
disposition.
(2) Mandatory seizure or impoundment shall not apply to animals in
properly conducted scientific experiments or investigations
performed under the authority of the faculty of a regularly
incorporated medical college or university of this state.
(h) Notwithstanding any other provision of law, if a defendant is
granted probation for a conviction under this section, the court
shall order the defendant to pay for, and successfully complete,
counseling, as determined by the court, designed to evaluate and
treat behavior or conduct disorders. If the court finds that the
defendant is financially unable to pay for that counseling, the court
may develop a sliding fee schedule based upon the defendant's
ability to pay. An indigent defendant may negotiate a deferred
payment schedule, but shall pay a nominal fee if the defendant has
the ability to pay the nominal fee. County mental health departments
or Medi-Cal shall be responsible for the costs of counseling required
by this section only for those persons who meet the medical
necessity criteria for mental health managed care pursuant to Section
1830.205 of Title 9 of the California Code of Regulations or the
targeted population criteria specified in Section 5600.3 of the
Welfare and Institutions Code. The counseling specified in this
subdivision shall be in addition to any other terms and conditions of
probation, including any term of imprisonment and any fine. This
provision specifies a mandatory additional term of probation and is
not to be utilized as an alternative in lieu of imprisonment pursuant
to subdivision (h) of Section 1170 or county jail when that sentence
is otherwise appropriate. If the court does not order custody as a
condition of probation for a conviction under this section, the court
shall specify on the court record the reason or reasons for not
ordering custody. This subdivision shall not apply to cases
involving police dogs or horses as described in Section 600.
SEC. 2. Section 597.5 of the Penal Code is amended to read:
597.5. (a) Any person who does any of the following is guilty of
a felony and is punishable by imprisonment in the state
prison pursuant to subdivision (h) of Section 1170
for 16 months, or two or three years, or by a fine not to
exceed fifty thousand dollars ($50,000), or by both that fine and
imprisonment:
(1) Owns, possesses, keeps, or trains any dog, with the intent
that the dog shall be engaged in an exhibition of fighting with
another dog.
(2) For amusement or gain, causes any dog to fight with another
dog, or causes any dogs to injure each other.
(3) Permits any act in violation of paragraph (1) or (2) to be
done on any premises under his or her charge or control, or aids or
abets that act.
(b) Any person who is knowingly present, as a spectator, at any
place, building, or tenement where preparations are being made for an
exhibition of the fighting of dogs, with the intent to be present at
those preparations, or is knowingly present at that exhibition or at
any other fighting or injuring as described in paragraph (2) of
subdivision (a), with the intent to be present at that exhibition,
fighting, or injuring, is guilty of an offense punishable by
imprisonment in a county jail not to exceed one year, or by a fine
not to exceed five thousand dollars ($5,000), or by both that
imprisonment and fine.
(c) Nothing in this section shall prohibit any of the following:
(1) The use of dogs in the management of livestock, as defined by
Section 14205 of the Food and Agricultural Code, by the owner of the
livestock or his or her employees or agents or other persons in
lawful custody thereof.
(2) The use of dogs in hunting as permitted by the Fish and Game
Code, including, but not limited to, Sections 4002 and 4756, and by
the rules and regulations of the Fish and Game Commission.
(3) The training of dogs or the use of equipment in the training
of dogs for any purpose not prohibited by law.
(d) Notwithstanding any other provision of law, if a defendant is
granted probation for a conviction under this section, the court
shall order the defendant to pay for, and successfully complete,
counseling, as determined by the court, designed to evaluate and
treat behavior or conduct disorders. If the court finds that the
defendant is financially unable to pay for that counseling, the court
may develop a sliding fee schedule based upon the defendant's
ability to pay. An indigent defendant may negotiate a deferred
payment schedule but shall pay a nominal fee if he or she has the
ability to pay the nominal fee. County mental health departments or
Medi-Cal shall be responsible for the costs of counseling required by
this section only for those persons who meet the medical necessity
criteria for mental health managed care pursuant to Section 1830.205
of Title 9 of the California Code of Regulations or the targeted
population criteria specified in Section 5600.3 of the Welfare and
Institutions Code. The counseling specified in this subdivision shall
be in addition to any other terms and conditions of probation,
including any term of imprisonment and any fine. This provision
specifies a mandatory additional term of probation and is not to be
utilized as an alternative in lieu of imprisonment pursuant to
subdivision (h) of Section 1170 when that sentence is otherwise
appropriate. If the court does not order custody as a condition of
probation for a conviction under this section, the court shall
specify on the court record the reason or reasons for not ordering
custody.
SEC. 3. Section 597.8 is added to the
Penal Code , to read:
597.8. Upon conviction pursuant to subdivision (a) or (b) of
Section 597 or Section 597a, 597b, 597h, 597j, 597s, or 597.1, but
prior to sentencing, the court shall order the person convicted to
submit to a psychiatric or psychological examination to determine his
or her potential to reoffend. All examinations shall be provided for
and paid for by the court. The results of the examination shall be
sent by the examining psychologist or psychiatrist to the court and
to the attorneys for the prosecution and the defense. The court shall
consider the results of the examination in determining a sentence.
SEC. 3. SEC. 4. Section 600 of the
Penal Code is amended to read:
600. (a) Any person who willfully and maliciously and with no
legal justification strikes, beats, kicks, cuts, stabs, shoots with a
firearm, administers any poison or other harmful or stupefying
substance to, or throws, hurls, or projects at, or places any rock,
object, or other substance which is used in such a manner as to be
capable of producing injury and likely to produce injury, on or in
the path of, a horse being used by, or a dog under the supervision
of, a peace officer in the discharge or attempted discharge of his or
her duties, or a volunteer who is acting under the direct
supervision of a peace officer in the discharge or attempted
discharge of his or her assigned volunteer duties, is guilty of a
public offense. If the injury inflicted is a serious injury, as
described in subdivision (c), the person is guilty of a
felony, punishable by imprisonment in the state prison for two,
three, or four years or pursuant to subdivision (h) of Section 1170,
or by a fine of not more than twenty thousand dollars ($20,000), or
by both that fine and imprisonment, or alternatively as a misdemeanor
by imprisonment in a county jail not exceeding one year, or by a
fine not exceeding twenty thousand dollars ($20,000), or by both that
fine and imprisonment. the person shall be punished
by imprisonment pursuant to subdivision (h) of Section 1170 for 16
months, two or three years, or in a county jail for not exceeding one
year, or by a fine not exceeding two thousand dollars ($2,000), or
by both a fine and imprisonment. If the injury inflicted is not
a serious injury, the person shall be punished by imprisonment in
the county jail for not exceeding one year, or by a fine not
exceeding one thousand dollars ($1,000), or by both a fine and
imprisonment.
(b) Any person who willfully and maliciously and with no legal
justification interferes with or obstructs a horse or dog being used
by a peace officer in the discharge or attempted discharge of his or
her duties, or a volunteer who is acting under the direct supervision
of a peace officer in the discharge or attempted discharge of his or
her assigned volunteer duties, by frightening, teasing, agitating,
harassing, or hindering the horse or dog shall be punished by
imprisonment in a county jail for not exceeding one year, or by a
fine not exceeding one thousand dollars ($1,000), or by both a fine
and imprisonment.
(c) Any person who, in violation of this section, and with intent
to inflict that injury or death, personally causes the death,
destruction, or serious physical injury including bone fracture, loss
or impairment of function of any bodily member, wounds requiring
extensive suturing, or serious crippling, of a horse or dog, shall,
upon conviction of a felony under this section, in addition and
consecutive to the punishment prescribed for the felony, be punished
by an additional term of imprisonment pursuant to subdivision (h) of
Section 1170 for one year.
(d) Any person who, in violation of this section, and with the
intent to inflict that injury, personally causes great bodily injury,
as defined in Section 12022.7, to any person not an accomplice,
shall, upon conviction of a felony under this section, in addition
and consecutive to the punishment prescribed for the felony, be
punished by an additional term of imprisonment in the state prison
for two years unless the conduct described in this subdivision is an
element of any other offense of which the person is convicted or
receives an enhancement under Section 12022.7.
(e) A defendant convicted of a violation of this section shall be
ordered to make restitution to the agency owning the animal and
employing the peace officer, to a volunteer who is acting under the
direct supervision of a peace officer who is using his or her horse
or supervising his or her dog in the performance of his or her
assigned duties, or to the agency that provides, or the individual
who provides, veterinary health care coverage or veterinary care for
a horse or dog being used by, or under the supervision of, a
volunteer who is acting under the direct supervision of a peace
officer for any veterinary bills, replacement costs of the animal if
it is disabled or killed, and, if applicable, the salary of the peace
officer for the period of time his or her services are lost to the
agency.
(f) Notwithstanding any other provision of law, if a defendant is
granted probation for a conviction under this section, the court
shall order the defendant to pay for, and successfully complete,
counseling, as determined by the court, designed to evaluate and
treat behavior or conduct disorders. If the court finds that the
defendant is financially unable to pay for that counseling, the court
may develop a sliding fee schedule based upon the defendant's
ability to pay. An indigent defendant may negotiate a deferred
payment schedule but shall pay a nominal fee if he or she has the
ability to pay the nominal fee. County mental health departments or
Medi-Cal shall be responsible for the costs of counseling required by
this section only for those persons who meet the medical necessity
criteria for mental health managed care pursuant to Section 1830.205
of Title 9 of the California Code of Regulations or the targeted
population criteria specified in Section 5600.3 of the Welfare and
Institutions Code. The counseling specified in this subdivision shall
be in addition to any other terms and conditions of probation,
including any term of imprisonment and any fine. This provision
specifies a mandatory additional term of probation and is not to be
utilized as an alternative in lieu of imprisonment pursuant to
subdivision (h) of Section 1170 or county jail when that sentence is
otherwise appropriate. If the court does not order custody as a
condition of probation for a conviction under this section, the court
shall specify on the court record the reason or reasons for not
ordering custody.
SEC. 4. SEC. 5. Section 600.5 of the
Penal Code is amended to read:
600.5. (a) Any person who intentionally causes injury to or the
death of any guide, signal, or service dog, as defined by Section
54.1 of the Civil Code, while the dog is in discharge of its duties,
is guilty of a felony punishable by imprisonment in the
state prison for two, three, or four years or pursuant to
subdivision (h) of Section 1170, or by a fine of not more than twenty
thousand dollars ($20,000), or by both that fine and imprisonment,
or alternatively as a misdemeanor by imprisonment in a county jail
not exceeding one year, or by a fine not exceeding twenty thousand
dollars ($20,000), or by both a fine and imprisonment. The court
shall consider the costs ordered pursuant to subdivision (b) when
determining the amount of any fines.
(b) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the person with a disability who has custody or ownership of the
dog for any veterinary bills and replacement costs of the dog if it
is disabled or killed, or other reasonable costs deemed appropriate
by the court. The costs ordered pursuant to this subdivision shall be
paid prior to any fines. The person with the disability may apply
for compensation by the California Victim Compensation and Government
Claims Board pursuant to Chapter 5 (commencing with Section 13950)
of Part 4 of Division 3 of Title 2 of the Government Code, in an
amount not to exceed ten thousand dollars ($10,000).
(c) Notwithstanding any other provision of law, if a defendant is
granted probation for a conviction under this section, the court
shall order the defendant to pay for, and successfully complete,
counseling, as determined by the court, designed to evaluate and
treat behavior or conduct disorders. If the court finds that the
defendant is financially unable to pay for that counseling, the court
may develop a sliding fee schedule based upon the defendant's
ability to pay. An indigent defendant may negotiate a deferred
payment schedule but shall pay a nominal fee if he or she has the
ability to pay the nominal fee. County mental health departments or
Medi-Cal shall be responsible for the costs of counseling required by
this section only for those persons who meet the medical necessity
criteria for mental health managed care pursuant to Section 1830.205
of Title 9 of the California Code of Regulations or the targeted
population criteria specified in Section 5600.3 of the Welfare and
Institutions Code. The counseling specified in this subdivision shall
be in addition to any other terms and conditions of probation,
including any term of imprisonment and any fine. This provision
specifies a mandatory additional term of probation and is not to be
utilized as an alternative in lieu of imprisonment pursuant to
subdivision (h) of Section 1170 or county jail when that sentence is
otherwise appropriate. If the court does not order custody as a
condition of probation for a conviction under this section, the court
shall specify on the court record the reason or reasons for not
ordering custody.
SEC. 5. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 6. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
