BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2131
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2131 (Niello)
          As Amended June 17, 2008
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(April 21,      |SENATE: |40-0 |(July 2, 2008) |
          |           |     |2008)           |        |     |               |
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           Original Committee Reference:    PUB. S.  

           SUMMARY  :  Provides that a peace officer or firefighter assigned  
          to a canine unit to duty away from his or her home jurisdiction  
          because of a declared federal, state, or local emergency, and in  
          the course and scope of his or her duties shall not be  
          discriminated against in hotels, lodging, and other specified  
          public places by being required to pay an extra charge or  
          deposit for the dog.

           The Senate amendments  :

          1)Change the punishment for preventing a peace officer or  
            firefighter assigned to a canine unit, and his/her dog, from  
            exercising specified rights from a misdemeanor to a civil fine  
            not exceeding $1,000.

          2)Establish the specific rights of peace officer and firefighter  
            dogs assigned to duty away from home in the Civil Code, rather  
            than the Penal Code.

          3)Creates a new misdemeanor for any person, firm, or association  
            who prevents a peace officer or a firefighter assigned to a  
            canine unit and his/her dog from exercising, or interferes in  
            the exercise of, the rights specified in the new Civil Code  
            Section, punishable by a fine not exceeding $1,000.

          4)Define a peace officer's or firefighter's dog as a dog owned  
            by a public law enforcement agency or fire department and  
            under the control of a peace officer or firefighter assigned  
            to a canine unit that has been trained in matters including  
            but not limited to, discovering controlled substances,  
            explosives, cadavers, victims in collapsed structures and  
            peace officer on-command searches for suspects and victims at  
            crime scenes.








                                                                  AB 2131
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          5)Define "declared emergency" as an emergency declared by the  
            President of the United States, the Governor of a state, or  
            local authorities.

          6)State that nothing in this new section is intended to affect  
            any civil remedies available for a violation of this section.   


          7)Provide that this section is intended to provide accessibility  
            without discrimination to a peace officer or firefighter with  
            a trained, public-owned dog in hotels, lodging places, eating  
            establishments, and public transportation during declared  
            emergencies.  

          8)Delete the amendments to Penal Code Section 365.5 which  
            defined peace officer and peace officer dog.

           AS PASSED BY THE ASSEMBLY  , this bill:

          1)Defined a "peace officer" as any peace officer assigned to a  
            canine unit who has been trained in matters including, but not  
            limited to, discovering controlled substances, explosives,  
            cadavers, and on-command searches for suspects at crime  
            scenes.

          2)Defined a "peace officer dog" as 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.

          3)Added a peace officer to the Penal Code section which allows  
            blind, deaf or disabled persons who are passengers on any  
            common carrier, airplane, train, bus or other public  
            conveyance and are entitled to have with them specially  
            trained dogs.  

          4)Added a peace officer dog to the list of specially trained  
            dogs allowed on public conveyances.

          5)Added a peace officer and a peace officer dog to the list of  
            persons who shall not be denied admittance to accommodations,  
            facilities, medical facilities, lodging places, places of  








                                                                  AB 2131
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            public accommodation, and other places to which the general  
            public is invited within California because of the fact that  
            the person is accompanied by his/her dog.

          6)Provided that any person who prevents a peace officer from  
            exercising the rights specified in this section is guilty of a  
            misdemeanor punishable by a fine not exceeding $2,500.

          7)Created a new Civil Code section that states that a peace  
            officer assigned to a canine unit on official assignment for  
            travel away from his/her home jurisdiction has the right to be  
            accompanied by a peace officer dog without being required to  
            pay an extra charge or security deposit for the peace officer  
            dog.

           FISCAL EFFECT  :  None

           COMMENTS  :  According to the author, "AB 2131 will provide peace  
          officers and their dogs the same special access granted to  
          service dogs for the disabled.  This legislation is necessary so  
          these highly trained dogs are properly cared for and can travel  
          with their peace officer.  By extending the jurisdiction these  
          canine units can travel with their officers to assist in  
          disasters like the recent fires in Southern California."  

          Please see the policy committee analysis for full discussion of  
          this bill.

           
          Analysis Prepared by  :    Kathleen Ragan / PUB. S. / (916)  
          319-3744 


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