BILL ANALYSIS AB 2012 Page 1 ASSEMBLY THIRD READING AB 2012 (Lieu) As Amended April 28, 2010 Majority vote PUBLIC SAFETY 7-0 APPROPRIATIONS 11-4 ----------------------------------------------------------------- |Ayes:|Ammiano, Hagman, Beall, |Ayes:|Fuentes, Hill, Bradford, | | |Gilmore, Hill, | |Coto, Davis, Hall, | | |Portantino, Skinner | |Harkey, Skinner, Solorio, | | | | |Torlakson, Torrico | | | | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Conway, Miller, Nielsen, | | | | |Norby | ----------------------------------------------------------------- SUMMARY : Increases the misdemeanor penalty from up to six months in the county jail to up to one year in the county jail for any person who overloads, overworks, denies sustenance, cruelly beats, mutilates, or cruelly kills any animal, and whoever having custody of an animal, either as owner or otherwise, subjects an animal to needless suffering or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide an animal with proper food, drink, or shelter or proper protection from the weather. EXISTING LAW : 1)Provides that every 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 and/or by a fine up to $20,000, or by imprisonment in state prison for 16 months, 2 or 3 years and/or a fine up to $20,000. 2)States that every 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 six months and/or by a fine up to $20,000, or by imprisonment in state prison for 16 months, 2 or 3 years and/or a fine up AB 2012 Page 2 to $20,000. 3)Provides that every person who maliciously and intentionally maims, mutilates, or tortures any mammal, bird, reptile, amphibian, or fish is guilty of either a misdemeanor or felony, punishable by imprisonment in a county jail for up to one year and/or by a fine up to $20,000, or by imprisonment in state prison for 16 months, 2 or 3 years and/or a fine up to $20,000. 4)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, 2 or 3 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; or, c) Permits any of the above acts to be done on any premises under his or her control, or aid or abets that act. 5)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 one year , or by a fine not exceeding $5,000; or by both. 6)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. 7)Provides that any person who causes a cock to fight with another cock, or permits the same to be done on any property AB 2012 Page 3 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. 8)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. 9)Provides that any person who owns, possesses, keeps or trains any bird or other animal with the intent that that it be used 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. FISCAL EFFECT : According to the Assembly Appropriations Committee, "Unknown, likely minor, nonreimbursable local incarceration to the extent this bill results in longer county jail terms." COMMENTS : According to the author, "Animal abuse is a serious concern, and the awareness for this disturbing crime is growing. Although there is a particular focus on protecting animal welfare, there is also a disparity in current law surrounding the issue. "Animal abuse is separated into two main categories: animal cruelty and animal neglect. Animal cruelty generally refers to a single act of cruelty on an animal, while animal neglect is defined as an act that causes extended or prolonged suffering. While animal neglect can be considered a horribly egregious offense inflicting extensive distress to an animal, the associated penalty for the crime is inconsistent with that for animal cruelty. "Cases of animal neglect are prevalent, and it occurs when one deprives an animal of basic needs, including shelter, nutrition, and medical care. In a study of 1,400 animal cruelty cases AB 2012 Page 4 conducted by the Humane Society, 41 percent of the cases involved animal neglect. This overwhelming number reiterates the importance of protecting animals from neglect as well as cruelty. "Whether animals are tortured or starved, too often the end result in either case is death. In cases of neglect, the abuse is more prolonged and the neglected animal ends up slowly decaying and suffering due to starvation, dehydration, and/or disease." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0004433