BILL NUMBER: AB 242	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Nava
    (   Coauthor:   Assembly Member  
Yamada   ) 
    (  Coauthors:   Senators   Cox,
  DeSaulnier,   Florez,   and Strickland
  ) 

                        FEBRUARY 10, 2009

   An act to amend Section 597.5 of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 242, as amended, Nava. Dog fighting.
   Existing law provides that the crime of dog fighting is a felony
or a misdemeanor, punishable as specified. Existing law provides that
the crime of being a spectator at a dog fight is a misdemeanor.
   This bill would increase the penalties for these crimes by
providing instead that the crime of dog fighting is a felony
punishable by imprisonment in a state prison for  2, 3, or 4
  16 months or 2 or 3  years and  by a
specified fine, and the crime of being a spectator at a dog fight is
 a felony  punishable  by imprisonment in
the state prison for 16 months, or 2 or 3 years   as a
misdemeanor or a felony, as specified  . Because certain
prosecution costs are added at the local level when a misdemeanor is
made a felony, this bill 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
 two, three, or four years and by a   16 months,
or two or three years, and by a  fine not to exceed fifty
thousand dollars ($50,000):
   (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, or 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 that imprisonment and 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.