BILL NUMBER: AB 2281 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2008
INTRODUCED BY Assembly Member Nava
FEBRUARY 21, 2008
An act to amend Section 597.5 of the Penal Code, relating to dog
fighting.
LEGISLATIVE COUNSEL'S DIGEST
AB 2281, as amended, Nava. Dog fighting.
Existing law makes it a misdemeanor for any person to be
intentionally present, as a spectator, at any place, building, or
tenement where preparations are being made for a dog fight, or to be
knowingly and intentionally present at a dog fight, as specified.
This bill would, instead, make it a felony for any person
to be intentionally present, as a spectator, at any place, building,
or tenement where preparations are being made for a dog fight, or to
be knowingly and intentionally present at a dog fight, as specified
impose either misdemeanor or felony penalties for a
violation of that offense, as specified .
Because this bill would increase the punishment 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 597.5 of the Penal Code is amended to read:
597.5. (a) Any person who does any of the following is guilty of
a felony and is punishable by imprisonment in a state prison for 16
months, or two or three years, or by a fine not to exceed fifty
thousand dollars ($50,000), or by both such fine and imprisonment:
(1) Owns, possesses, keeps, or trains any dog, with the intent
that the dog shall be engaged in an exhibition of fighting with
another dog.
(2) For amusement or gain, causes any dog to fight with another
dog, or causes any dogs to injure each other.
(3) Permits any act in violation of paragraph (1) or (2) to be
done on any premises under his or her charge or control, or aids or
abets that act.
(b) Any person who is knowingly present, as a spectator, at any
place, building, or tenement where preparations are being made for an
exhibition of the fighting of dogs, with the intent to be present at
those preparations, or is knowingly present at that exhibition or at
any other fighting or injuring as described in paragraph (2) of
subdivision (a), with the intent to be present at that exhibition,
fighting, or injuring, is guilty of a felony.
an offense punishable by imprisonment in the state prison for 16
months, two, or three years, or by imprisonment in a county jail not
to exceed one year, or by a fine not to exceed one thousand dollars
($1,000), or by both imprisonment and a fine.
(c) Nothing in this section shall prohibit any of the following:
(1) The use of dogs in the management of livestock, as defined by
Section 14205 of the Food and Agricultural Code, by the owner of the
livestock or his or her employees or agents or other persons in
lawful custody thereof.
(2) The use of dogs in hunting as permitted by the Fish and Game
Code, including, but not limited to, Sections 3286, 3509, 3510, 4002,
and 4756, and by the rules and regulations of the Fish and Game
Commission.
(3) The training of dogs or the use of equipment in the training
of dogs for any purpose not prohibited by law.
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.