BILL ANALYSIS
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THIRD READING
Bill No: AB 242
Author: Nava (D), et al
Amended: 6/1/09 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 7/14/09
AYES: Leno, Benoit, Hancock, Huff, Steinberg, Wright
NO VOTE RECORDED: Cedillo
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 77-0, 6/2/09 - See last page for vote
SUBJECT : Dog fighting
SOURCE : The Humane Society of the United States
DIGEST : This bill increases the penalty for being a
spectator at a dog fight.
ANALYSIS : Existing law 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. (Penal Code Section
597b(a).)
Existing law provides that any person who causes a cock to
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fight with another cock, or permits the same to be done on
any property under his or her control, and any person who
aids 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. (Penal Code
Section 597b(b).)
Existing law 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 the 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.
(Penal Code Section 597c.)
Existing law provides that any person who owns, possesses
keeps or trains any bird or other animal with the intent
that it be used in an exhibition of fighting is guilty of a
misdemeanor, punishable by imprisonment in the county jail
not to exceed one year, by a fine not to exceed $5,000, or
by both. (Penal Code Section 597j.)
Existing law provides that any person who maliciously and
intentionally maims, mutilates, tortures, or wounds a
living animal or maliciously and intentionally kills an
animal is guilty of either a misdemeanor or felony,
punishable by imprisonment in a county jail for up to one
year, or by a fine up to $20,000, or by imprisonment in
state prison for 16 months, two or three years, or by a
fine up to $20,000. (Penal Code Section 597(a).)
Existing law provides that any person who overdrives,
overloads, overworks, tortures, torments, deprives of
drink, cruelly beats, or mutilates an animal is guilty of
either a misdemeanor or felony, punishable by imprisonment
in a county jail for up to one y ear and by a fine up to
$20,000, or by imprisonment in state prison for 16 months,
two or three years and by a fine up to $20,000. (Penal
Code Section 597(b).)
Existing law provides that any person that does any of the
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following is guilty of a felony and is punishable by
imprisonment in a state prison for 16 months, two or three
years, or by a fine not to exceed $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 of the above acts to be done on any premises.
(Penal Code Section 597.5(a).)
Existing law 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 both. (Penal Code Section 597.5(b).)
This bill instead provides that the penalty for being a
spectator at a dog fight is up to one year in county jail
and/or a fine up to $5,000.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/17/09)
The Humane Society of the United States
Action for Animals
American Society for the Prevention of Cruelty to Animals
Born Free USA
California Animal Association
California Animal Control Directors Association
California District Attorneys Association
California Peace Officers'Association
California Police Chiefs Association
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City of Long Beach
City of West Hollywood
Humane Society Veterinary Medical Association
Paw PAC
The Marin Humane Society
The PAW Project
United Animal Nations
OPPOSITION : (Verified 8/17/09)
California Attorneys for Criminal Justice
California Responsible Pet Owners Coalition/CaRPOC
The Animal Council
ARGUMENTS IN SUPPORT : Supporters of this bill argue that
California has weak penalties for spectators since other
states have felony penalties for being a spectator at a dog
fight. Specifically, the Humane Society Veterinary Medical
Association states, "Dog fighting is a brutal and inhumane
activity. Pitted against each other in battles that can
rage for hours, the animals suffer severe injuries, often
dying of blood loss, shock, dehydration, or infection
hours, or even days later. Dog fights also pose a
substantial public safety risk, since fighting animals is
known to be associated with other criminal activities such
as gambling, weapons possession, narcotics trafficking, and
various violent crimes.
"Participating in dog fighting and possessing dogs with the
intent to fight them are already felonies in California,
and all 50 states consider dog fighting a felony offense.
However, California's dog-fighting laws rank 42nd in
severity nationwide, due in part to weak spectator
penalties that make it difficult to prosecute all persons
involved. When police raid a dog fight, it is extremely
difficult to distinguish the spectators form those
participants waiting to fight their dogs. Thus, many
animals fighters manage to avoid prosecution, or receive
minimal penalties. Furthermore, because states contiguous
to California do have more stringent felony spectator
provisions, dog-fighting operators are incentivised to
conduct their bloody business within our state."
ARGUMENTS IN OPPOSITION : Opponents argue that the
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existing penalties are appropriate for spectators who have
a different level of culpability than participants.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Tom
Berryhill, Blakeslee, Blumenfield, Brownley, Buchanan,
Caballero, Charles Calderon, Carter, Chesbro, Conway,
Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,
Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Bill Berryhill, Block, Skinner
RJG:cm 8/17/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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