BILL ANALYSIS
AB 242
Page 1
ASSEMBLY THIRD READING
AB 242 (Nava)
As Amended June 1, 2009
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Solorio, Hagman, |Ayes:|De Leon, Nielsen, |
| |Furutani, Gilmore, Hill, | |Ammiano, |
| |Ma, Skinner | |Charles Calderon, Davis, |
| | | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
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SUMMARY : Increases the county jail penalty for knowingly being
present as a spectator at a dog fighting exhibition.
Specifically, this bill increases the penalty from a misdemeanor
punishable by up to six months in a county jail to imprisonment in
a county jail not to exceed one year, or by a fine not to exceed
$5,000, or by both, for any person to be 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 that exhibition.
EXISTING LAW :
1)Provides that any person that 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 $50,000, or by both such fine and imprisonment:
a) Owns, possesses, keeps, or trains any dog, with the intent
that the dog shall be engaged in an exhibition of fighting
with another dog.
b) For amusement or gain, causes any dog to fight with
another dog, or causes any dogs to injure each other.
c) Permits any of the above acts to be done on any premises
under his or her control, or aid or abets that act.
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2)States that any person that 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 the exhibition, fighting or injuring with
the intent to be present at the exhibition, fighting, or
injuring is guilty of a misdemeanor punishable by imprisonment
in a county jail not to exceed six months or by a fine not
exceeding $1,000 or by both.
3)Provides that any person who causes any animal, not including a
dog, to fight with another animal, or permits the same to be
done on any property under his or her control, or aids or abets
the fighting of any animal is guilty of a misdemeanor,
punishable by up to one year in the county jail or by a fine not
to exceed $5,000 or both.
4)Provides that any person who causes a cock to fight with another
cock, or permits the same to be done on any property under his
or her control, and any person who aid or abets the fighting of
any cock or is present as a spectator is guilty of a
misdemeanor, punishable by imprisonment in the county jail not
to exceed one year, or by a fine not to exceed $5,000, or by
both.
5)Provides that any person who is knowingly present as a spectator
at any place, building, or tenement for an exhibition of animal
fighting, or who is knowingly present at that exhibition, or is
knowingly present where preparations are being made for the
exhibition, fighting, or injuring of an animal is guilty of a
misdemeanor punishable by imprisonment in a county jail not to
exceed six months, or by a fine not exceeding $1,000, or by
both.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, likely minor, nonreimbursable local
incarceration costs for increasing the misdemeanor penalty for
being a spectator at a dogfight from six to 12 months.
COMMENTS : According to the author, "The Humane Society of the
United States, states that dog fighting is a 'sadistic contest' in
which two dogs - specifically bred, conditioned and trained to
fight - are placed in a pit (generally a small arena enclosed by
plywood walls) to fight each other for the spectators'
AB 242
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entertainment and gambling. Fights average nearly an hour in
length and often last more than two hours. Dogfights end when one
of the dogs will not or cannot continue. Unfortunately, dogs used
in fights often die of blood loss, shock, dehydration, exhaustion
or infection hours or even days after the event.
"Spectators provide much of the profits associated with dog
fighting. The money generated by admission fees and gambling
helps keep this 'sport' alive. Because dogfights are illegal and
therefore not widely publicized, spectators do not merely 'happen
upon a fight' - they seek it out.
"It is estimated that 40,000 people are involved in this blood
sport resulting in injury or death to nearly 250,000 dogs
annually. Law enforcement projects that at least 100,000
additional persons participate in 'street level' dogfights. In
fact, there have already been two vicious dog fighting cases
prosecuted in 2008 in California alone - one in Los Angeles and
one in Fresno - involving over 30 dogs between them.
"Dogfights come hand-in-hand with a host of other concerns.
Illegal gambling is the norm at fights. Firearms and other
weapons are typically found at events, due to the large amount of
cash present. Illegal drugs are often sold and used at dogfights.
And, perhaps most disturbingly, young children are sometimes
present at events which can promote insensitivity to animal
suffering, enthusiasm for violence and a lack of respect for the
law. A study by the Chicago Police of incidents between 2001 and
2004 found that in 362 dog fighting cases, 59% of dog owners had
gang affiliations and 66% had been arrested at least twice before.
"With the introduction of AB 242, I hope that by making
spectatorship at dogfights in California a felony, this illegal
activity and its detrimental effects on animals will be
dramatically reduced or eliminated."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0001261