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