BILL NUMBER: AB 1801 CHAPTERED 08/30/04 CHAPTER 322 FILED WITH SECRETARY OF STATE AUGUST 30, 2004 APPROVED BY GOVERNOR AUGUST 27, 2004 PASSED THE ASSEMBLY AUGUST 12, 2004 PASSED THE SENATE JULY 1, 2004 AMENDED IN SENATE JUNE 15, 2004 AMENDED IN SENATE JUNE 8, 2004 AMENDED IN SENATE MAY 18, 2004 AMENDED IN ASSEMBLY MARCH 11, 2004 INTRODUCED BY Assembly Member Pavley (Coauthors: Assembly Members Corbett, Cox, Jerome Horton, Jackson, Kehoe, Koretz, Lieber, Levine, Longville, Mullin, and Wolk) (Coauthor: Senator Kuehl) JANUARY 12, 2004 An act to amend Sections 365.6, 600.2, and 600.5 of the Penal Code, relating to guide dogs. LEGISLATIVE COUNSEL'S DIGEST AB 1801, Pavley. Guide dogs. Under existing law any person who, with no legal justification, intentionally interferes with the use of a guide dog by harassing or obstructing the guide dog user or his or her guide dog, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding 6 months, or by a fine of not less than $1,500 nor more than $2,500. Existing law defines the term "guide dog." This bill would change the definition of the term "guide dog" to define guide, signal, or service dog and would also define the term "mobility aid." The bill would, in addition, apply these provisions to any person who intentionally interferes with the use of a mobility aid. Because this bill would expand the scope of an existing crime, it would impose a state-mandated local program. Under existing law, it is unlawful and constitutes an infraction for any person to permit any dog which is owned, harbored, or controlled by him or her to cause injury to or the death of any guide, signal, or service dog, as defined, while the guide, signal, or service dog is in discharge of its duties. Under existing law, in any case in which a defendant is convicted of a violation of these provisions, the defendant is required to be ordered to make restitution to the disabled person who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed. This bill would make this violation an infraction punishable by a fine of not more than $250 if the injury or death to any guide, signal, or service dog is caused by the person's failure to exercise ordinary care in the control of his or her dog. This bill would make this crime a misdemeanor if the injury or death to the guide, signal, or service dog is caused by the person's reckless disregard in the exercise of control over his or her dog, as specified, and would make a misdemeanor violation of these provisions punishable by imprisonment in a county jail not exceeding one year, or by a fine of not less than $2,500 nor more than $5,000, or both. This bill would include in the restitution payment to the person with a disability who has custody or ownership of the dog other reasonable costs deemed appropriate by the court. Because this bill would increase the penalty of a crime from an infraction to a misdemeanor, it would impose a state-mandated local program. Existing law 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 a county jail not exceeding one year, or by a fine not exceeding $5,000, or by both a fine and imprisonment. Under existing law, in any case in which a defendant is convicted of a violation of these provisions, the defendant is required to be ordered to make restitution to the disabled person who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed. This bill would increase the fine to $10,000 and would include in the restitution payment to the person with a disability other reasonable costs deemed appropriate by the court. 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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 365.6 of the Penal Code is amended to read: 365.6. (a) Any person who, with no legal justification, intentionally interferes with the use of a guide, signal, or service dog or mobility aid by harassing or obstructing the guide, signal, or service dog or mobility aid user or his or her guide, signal, or service dog, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine of not less than one thousand five hundred dollars ($1,500) nor more than two thousand five hundred dollars ($2,500), or both that fine and imprisonment. (b) As used in this section, the following definitions shall apply: (1) "Mobility aid" means any device enabling a person with a disability, as defined in subdivision (b) of Section 54 of the Civil Code, to travel independently, including, but not limited to, a guide, signal, or service dog, as defined in Section 54.1 of the Civil Code, a wheelchair, walker or white cane. (2) "Guide, signal, or service dog" means any dog trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, pulling a wheelchair, or fetching dropped items. (c) Nothing in this section is intended to affect any civil remedies available for a violation of this section. SEC. 2. Section 600.2 of the Penal Code is amended to read: 600.2. (a) It is a crime for any person to permit any dog which is owned, harbored, or controlled by him or her to cause injury to or the death of any guide, signal, or service dog, as defined by Section 54.1 of the Civil Code, while the guide, signal, or service dog is in discharge of its duties. (b) A violation of this section is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) if the injury or death to any guide, signal, or service dog is caused by the person's failure to exercise ordinary care in the control of his or her dog. (c) A violation of this section is a misdemeanor if the injury or death to any guide, signal, or service dog is caused by the person's reckless disregard in the exercise of control over his or her dog, under circumstances that constitute such a departure from the conduct of a reasonable person as to be incompatible with a proper regard for the safety and life of any guide, signal, or service dog. A violation of this subdivision shall be punishable by imprisonment in a county jail not exceeding one year, or by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), or both. The court shall consider the costs ordered pursuant to subdivision (d) when determining the amount of any fines. (d) 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 guide, signal, or service 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. SEC. 3. 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 misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), 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. SEC. 4. 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.