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.
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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
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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
FN: 0005668