BILL NUMBER: AB 667	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 7, 2008

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 21, 2007

   An act to amend Section 600 of the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 667, as amended, Smyth. Law enforcement animals.
   Existing law makes it a crime to willfully and maliciously
 injury   injure  any horse or dog used by
a peace officer in his or her duties, as specified. Existing law
punishes a person who inflicts a serious injury on such an animal by
imprisonment in the state prison for 16 months, two or three years,
or in a county jail for not exceeding one year, or by a fine not
exceeding $2,000, or by both a fine and imprisonment.
   This bill would increase the penalties for such an injury to
imprisonment in the state prison for  3, 5, or 7 
 2, 3, or 4  years, or in a county jail for not exceeding
one year, or by a fine not exceeding $2,000, or by both a fine and
imprisonment. Because the bill would increase the penalties for an
existing crime, it would impose 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.
   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 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   that 
is used in such a manner as to be capable of producing injury and
likely to produce injury, on or in the path of, any horse being used
by, or any dog under the supervision of, any peace officer in the
discharge or attempted discharge of his or her duties, is guilty of a
public offense. If the injury inflicted is a serious injury, as
defined in subdivision (c), the person shall be punished by
imprisonment in the state prison for  three, five or seven
  two, three, or four  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 any horse or dog being
used by any peace officer in the discharge or attempted discharge of
his or her 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 such 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 any 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 in the state prison for one
year.
   (d) Any person who, in violation of this section, and with the
intent to inflict such 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) 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 agency owning the animal and employing the peace officer for
any veterinary bills, replacement costs of the animal if it is
disabled or killed, and the salary of the peace officer for the
period of time his or her services are lost to the agency.
  SEC. 2.   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.