BILL ANALYSIS SENATE COMMITTEE ON PUBLIC SAFETY Senator Mark Leno, Chair A 2009-2010 Regular Session B 2 0 1 AB 2012 (Lieu) 2 As Amended April 28, 2010 Hearing date: June 22, 2010 Penal Code MK:mc CRIMINAL PROCEDURE HISTORY Source: American Society for the Prevention of Cruelty to Animals Los Angeles Society for Prevention of Cruelty to Animals State Humane Association of California Prior Legislation: None Support: Amador County Animal Control; California District Attorneys Association; Central California Society for the Prevention of Cruelty to Animals; Haven Humane Society; Los Angeles County District Attorney's Office; Marin Humane Society; SPCA for Monterey County; San Diego Human Society and SPCA Opposition:Taxpayers for Improving Public Safety Assembly Floor Vote: Ayes 69 - Noes 0 KEY ISSUE (More) AB 2012 (Lieu) PageB SHOULD THE POSSIBLE JAIL PENALTY FOR OVERLOADING, TORTURING, TORMENTING, ET CETERA, AN ANIMAL BE INCREASED FROM UP TO SIX MONTHS TO UP TO ONE YEAR? PURPOSE The purpose of this bill is to conform the misdemeanor penalty for overloading, torturing, tormenting, et cetera, an animal to other subdivisions within the same section thus allowing for up to one year in jail for the misdemeanor portion of the existing wobbler. Existing law 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: Owns, possesses, keeps, or trains any dog, with the intent that the dog shall be engaged in an exhibition of fighting with another dog; For amusement or gain, causes any dog to fight with another dog, or causes any dogs to injure each other; or, Permits any of the above acts to be done on any premises under his or her control, or aid or abets that act. (Penal Code 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 (More) AB 2012 (Lieu) PageC in a county jail not to exceed one year, or by a fine not exceeding $5,000, or by both. (Penal Code 597.5(b).) 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 597b(a).) Existing law 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. (Penal Code 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 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. (Penal Code 597c.) Existing law provides that any person who owns, possesses, keeps or trains any bird or other animal with the intent that 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 597j.) Existing law 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 (More) AB 2012 (Lieu) PageD 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. (Penal Code 597(a).) Existing law 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. (Penal Code 597(c).) Existing law 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 to $20,000. (Penal Code 597(b).) This bill makes the potential jail time for overloading, overworking, et cetera, up to one year. This bill reorganizes Penal Code Section 597 so penalties are listed in one subsection. RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS The severe prison overcrowding problem California has experienced for the last several years has not been solved. In December of 2006 plaintiffs in two federal lawsuits against the Department of Corrections and Rehabilitation sought a court-ordered limit on the prison population pursuant to the federal Prison Litigation Reform Act. On January 12, 2010, a federal three-judge panel issued an order requiring the state to reduce its inmate population to 137.5 percent of design capacity -- a reduction of roughly 40,000 inmates -- within two years. In a prior, related 184-page Opinion and Order dated August 4, 2009, that court stated in part: (More) AB 2012 (Lieu) PageE "California's correctional system is in a tailspin," the state's independent oversight agency has reported. . . . (Jan. 2007 Little Hoover Commission Report, "Solving California's Corrections Crisis: Time Is Running Out"). Tough-on-crime politics have increased the population of California's prisons dramatically while making necessary reforms impossible. . . . As a result, the state's prisons have become places "of extreme peril to the safety of persons" they house, . . . (Governor Schwarzenegger's Oct. 4, 2006 Prison Overcrowding State of Emergency Declaration), while contributing little to the safety of California's residents, . . . . California "spends more on corrections than most countries in the world," but the state "reaps fewer public safety benefits." . . . . Although California's existing prison system serves neither the public nor the inmates well, the state has for years been unable or unwilling to implement the reforms necessary to reverse its continuing deterioration. (Some citations omitted.) (More) . . . The massive 750% increase in the California prison population since the mid-1970s is the result of political decisions made over three decades, including the shift to inflexible determinate sentencing and the passage of harsh mandatory minimum and three-strikes laws, as well as the state's counterproductive parole system. Unfortunately, as California's prison population has grown, California's political decision-makers have failed to provide the resources and facilities required to meet the additional need for space and for other necessities of prison existence. Likewise, although state-appointed experts have repeatedly provided numerous methods by which the state could safely reduce its prison population, their recommendations have been ignored, underfunded, or postponed indefinitely. The convergence of tough-on-crime policies and an unwillingness to expend the necessary funds to support the population growth has brought California's prisons to the breaking point. The state of emergency declared by Governor Schwarzenegger almost three years ago continues to this day, California's prisons remain severely overcrowded, and inmates in the California prison system continue to languish without constitutionally adequate medical and mental health care.<1> The court stayed implementation of its January 12, 2010, ruling pending the state's appeal of the decision to the U.S. Supreme Court. On Monday, June 14, 2010, the U.S. Supreme Court agreed to hear the state's appeal in this case. --------------------------- <1> Three Judge Court Opinion and Order, Coleman v. Schwarzenegger, Plata v. Schwarzenegger, in the United States District Courts for the Eastern District of California and the Northern District of California United States District Court composed of three judges pursuant to Section 2284, Title 28 United States Code (August 4, 2009). (More) AB 2012 (Lieu) PageG This bill does not appear to aggravate the prison overcrowding crisis described above. COMMENTS 1. Need for This Bill According to the author: In the California Penal Code, both animal cruelty and animal neglect are wobblers. Both offenses have potential felony charges; however the penalty for animal cruelty as a misdemeanor is up to one year in county jail and/or an associated fine (up to $20,000). While the fine for animal neglect is the same, the penalty for a misdemeanor offense is only punishable by a maximum of 6 months in jail. Although animal neglect causes prolonged agony and pain to the animals involved, the penalty is not in proportion to the sentence for a single act of animal cruelty. 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 this issue. Animal abuse is separated into two main categories: animal cruelty and animal neglect. Animal cruelty generally refers to a single act of harm 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 of 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 conducted by the Humane Society of the United States, 41 percent of the cases involved animal neglect. This AB 2012 (Lieu) PageH 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. 2. Penalty for Animal Torture Existing law provides that the penalty for overworking, overloading, torturing, et cetera, an animal is a wobbler with a penalty of up to six months in jail or 16 months, 2 or 3 years in prison and a fine up to $20,000. The penalties, within the same section, for intentionally maiming, mutilating, torturing or abusing an animal is a wobbler with a penalty of up to one year in jail or 16 months, 2 or 3 years in prison and a fine up to $20,000. This bill conforms the penalties for torturing an animal by making the penalty for all types of torture within Penal Code Section 597 the same penalty of up to one year in county jail or imprisonment in state prison for 16 months, 2 or 3 years and a fine of up to $20,000. This bill also makes technical changes within Penal Code 597. ***************