BILL NUMBER: AB 2131	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Niello

                        FEBRUARY 20, 2008

   An act to add Section 54.25 to the Civil Code, and to amend
Section 365.5 of the Penal Code, relating to peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2131, as introduced, Niello. Peace officers: canine units.
   Existing law provides that individuals with disabilities are
entitled to full and equal access, as other members of the general
public, to accommodations, advantages, facilities, medical
facilities, including hospitals, clinics, and physicians' offices,
and privileges of all common carriers, airplanes, motor vehicles,
railroad trains, motorbuses, streetcars, boats, or any other public
conveyances or modes of transportation (whether private, public,
franchised, licensed, contracted, or otherwise provided), telephone
facilities, adoption agencies, private schools, hotels, lodging
places, places of public accommodation, amusement, or resort, and
other places to which the general public is invited, as specified.
Existing law also permits disabled individuals to be accompanied in
those places by guide dogs, signal dogs, or service dogs without
paying an extra charge.
   This bill would permit a peace officer assigned to a canine unit,
who is on official assignment for travel away from his or her home
jurisdiction, to be accompanied in those places by his or her peace
officer dog without paying an extra charge.
   Existing law provides that any person, firm, association, or
corporation, or the agent of any person, firm, association, or
corporation, who prevents a disabled person from exercising, or
interferes with a disabled person in the exercise of, the rights to
have with him or her a specially trained guide dog, signal dog, or
service dog, as specified, is guilty of a misdemeanor, punishable by
a fine not exceeding $2,500.
   This bill would similarly make it a crime for any person, firm,
association, or corporation, or the agent of any person, firm,
association, or corporation, to prevent a peace officer, as defined,
from exercising, or interfering with a peace officer in the exercise
of, the rights to have with him or her a peace officer dog, as
specified.
   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 54.25 is added to the Civil Code, to read:
   54.25.  (a) A peace officer assigned to a canine unit on official
assignment for travel away from his or her home jurisdiction has the
right to be accompanied by a peace officer dog in any of the places
specified in Section 54.1 without being required to pay an extra
charge or security deposit for the peace officer dog. However, the
peace officer's law enforcement agency shall be liable for any damage
done to the premises or facilities by the peace officer dog.
   (b) For the purposes of this section, "peace officer dog" means a
dog owned by a public law enforcement agency and under the control of
a peace officer assigned to a canine unit that has been trained in
matters including, but not limited to, discovering controlled
substances, explosives, cadavers, and on-command searches for
suspects at crime scenes.
  SEC. 2.  Section 365.5 of the Penal Code is amended to read:
   365.5.  (a) Any blind person, deaf person,  or 
disabled person,  or a peace officer,  who is a passenger on
any common carrier, airplane, motor vehicle, railway train,
motorbus, streetcar, boat, or any other public conveyance or mode of
transportation operating within this state, shall be entitled to have
with him or her a specially trained guide dog, signal dog, 
or  service dog  , or peace officer dog  .
   (b) No blind person, deaf person,  or  disabled
person  ,   or peace officer  and his or her
specially trained guide dog, signal dog,  or 
service dog  , or peace officer dog  shall be denied
admittance to accommodations, advantages, facilities, medical
facilities, including hospitals, clinics, and physicians' offices,
telephone facilities, adoption agencies, private schools, hotels,
lodging places, places of public accommodation, amusement, or resort,
and other places to which the general public is invited within this
state because of that guide dog, signal dog,  or 
service dog  , or peace officer dog  .
   (c) Any person, firm, association, or corporation, or the agent of
any person, firm, association, or corporation, who prevents a
disabled person  or a peace officer  from exercising, or
interferes with a disabled person  or a peace officer  in
the exercise of, the rights specified in this section is guilty of a
misdemeanor, punishable by a fine not exceeding two thousand five
hundred dollars ($2,500). 
   (d) As used in this section, "guide dog" means any guide dog or
Seeing Eye dog that was trained by a person licensed under Chapter
9.5 (commencing with Section 7200) of Division 3 of the Business and
Professions Code or that meets the definitional criteria under
federal regulations adopted to implement Title III of the Americans
with Disabilities Act of 1990 (Public Law 101-336). 

   (e) As used in this section, "signal dog" means any dog trained to
alert a deaf person, or a person whose hearing is impaired, to
intruders or sounds.  
   (f) As used in this section, "service dog" means any dog
individually trained to do work or perform tasks for the benefit of
an individual with a disability, including, but not limited to,
minimal protection work, rescue work, pulling a wheelchair, or
fetching dropped items.  
   (g) 
    (d)  (1) Nothing in this section is intended to affect
any civil remedies available for a violation of this section.
   (2) This section is intended to provide equal accessibility for
all owners or trainers of animals that are trained as guide dogs,
signal dogs, or service dogs in a manner that is no less than that
provided by the Americans with Disabilities Act of 1990 (Public Law
101-336) and the Air Carrier Access Act of 1986 (Public Law 99-435).

   (h) 
    (e)  The exercise of rights specified in subdivisions
(a) and (b) by any person may not be conditioned upon payment of any
extra charge, provided that the person shall be liable for any
provable damage done to the premises or facilities by his or her dog.

   (i) 
    (f)  Any trainer or individual with a disability may
take dogs in any of the places specified in subdivisions (a) and (b)
for the purpose of training the dogs as guide dogs, signal dogs, or
service dogs. The person shall ensure that the dog is on a leash and
tagged as a guide dog, signal dog, or service dog by an
identification tag issued by the county clerk or animal control
department as authorized by Chapter 3.5 (commencing with Section
30850) of Division 14 of the Food and Agricultural Code. In addition,
the person shall be liable for any provable damage done to the
premises or facilities by his or her dog. 
   (g) For the purposes of this section, the following definitions
apply:  
   (1) "Guide dog" means any guide dog or Seeing Eye dog that was
trained by a person licensed under Chapter 9.5 (commencing with
Section 7200) of Division 3 of the Business and Professions Code or
that meets the definitional criteria under federal regulations
adopted to implement Title III of the Americans with Disabilities Act
of 1990 (Public Law 101-336).  
   (2) "Peace officer" means any peace officer assigned to a canine
unit who is on official assignment to travel outside his or her home
jurisdiction.  
   (3) "Peace officer dog" means any dog owned by a public law
enforcement agency and under the control of a peace officer assigned
to a canine unit that has been trained in matters including, but not
limited to, discovering controlled substances, explosives, cadavers,
and on-command searches for suspects at crime scenes.  
   (4) "Service dog" means any dog individually trained to do work or
perform tasks for the benefit of an individual with a disability,
including, but not limited to, minimal protection work, rescue work,
pulling a wheelchair, or fetching dropped items.  
   (5) "Signal dog" means any dog trained to alert a deaf person, or
a person whose hearing is impaired, to intruders or sounds. 
  SEC. 3.  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.