BILL ANALYSIS
AB 242
Page 1
Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 242 (Nava) - As Amended: April 21, 2009
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
Increases the penalty, from a misdemeanor, punishable by up to
six months in county jail and/or a fine of up to $1,000, to a
wobbler, punishable by up to 1 year in county jail and/or a fine
of up to $1,000, or 16 months, 2, or 3 years in state prison,
for being present as a spectator at a dogfight, as specified.
Increases the penalty for possessing or training a dog for
dogfighting, or for causing a dogfight, from 16 months, 2, or 3
years in state prison and/ or a fine of up to $50,000, to the
same prison term and a fine of up to $50,000.
FISCAL EFFECT
1)Significant annual GF costs, potentially in excess of $1
million, for increased state prison commitments. Should two
dozen spectators, out of the alleged thousands of spectators,
be committed to state prison, annual costs would exceed $1
million.
2)This bill, by creating a new felony, would also create
additional - and costly - third strike exposure, triggering a
life term for persons with two prior violent or serious
AB 242
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felonies, or a double term for a person with one prior serious
or violent felony. If one person per year received a third
strike as a result of a felony conviction under this bill, the
annual cost in 10 years would exceed $400,000.
3)Significant nonreimbursable local law enforcement and
incarceration costs for increased county jail commitments,
depending upon how many persons are jailed for watching
dogfights.
4)Unknown potential state and local revenue increase to the
extent making a mandatory fine of up to $50,000 increases the
amount of fines levied and collected.
COMMENT
1)Rationale . The author contends dog fighting is a sadistic
sport and that increasing the penalties for spectatorship will
deter attendance and thus incidence. The author and the Humane
Society of the United States contends that tens of thousands
of people are involved in dog fighting and that punishing
spectatorship as a misdemeanor makes it more difficult for law
enforcement officials to effectively prosecute dog fighters.
Often, organized dog fights occur with several matches held
one after the other. When police raid a dog fight it is
difficult to differentiate between spectators and participants
who were going to fight their dog in the next match.
2)Concerns.
a) Should the penalty for being a spectator at a dogfight
be the same as the penalty for actually training and
fighting the dogs ? Is the current six-month county jail
penalty inadequate? Should the penalty for spectatorship at
a dogfight be greater than the penalty for spectatorship at
a cockfight (six months and/or a fine of up to $1,000)?
b) This bill would make spectatorship at a dogfight a
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potential third strike .
c) Given current fiscal conditions and prison overcrowding,
increasing the prison population for this offense may be
problematic . The state is in the throes of a 2009-10 budget
deficit that may exceed $15 billion. Current prison
overcrowding is under review by federal courts. Plaintiffs
are requesting emergency inmate releases, perhaps on a
scale of tens of thousands of inmates. The governor is
proposing increased credits for inmates and summary parole
release. The federal prison receiver is ordering the state
to spend billions for inmate health care facilities in
addition to the current $6 billion prison construction
program.
3)Opposition . According to CA Attorneys for Criminal Justice
(CACJ), "... there is no sound policy basis to punish someone
in the spectator status equally with the organizers and
perpetrators of the crime of dog fighting. The organizers and
persons engaging in raising dogs for dog fights are already
punishable on the felony level. The crime of being a spectator
is also already punished, and is punished on a level
commensurate with the individual's involvement, as a
misdemeanor. To increase punishment to allow state prison
sentences for this activity without any basis to show this
would either deter or prevent illegal activity, we believe
would be a senseless escalation of penalty."
4)Prior legislation , AB 2281 (Nava), 2008, was identical to this
bill's proposed increased in penalties for being a spectator
at a dogfight. AB 2281 was held on this committee's Suspense
File.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081