BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2012| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2012 Author: Lieu (D), et al Amended: 8/4/10 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 6-1, 6/22/10 AYES: Leno, Cogdill, Cedillo, Hancock, Steinberg, Wright NOES: Huff SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 60-10, 5/24/10 - See last page for vote SUBJECT : Criminal procedure: cruelty to animals SOURCE : American society for the Prevention of Cruelty to Animals Los Angeles Society for Prevention of Cruelty to Animals State Humane Association of California DIGEST : This bill conforms the misdemeanor penalty for overloading, torturing, tormenting, et cetera, and 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. Senate Floor Amendments of 8/4/10 makes technical amendment and add Smyth as a co-author. CONTINUED AB 2012 Page 2 ANALYSIS : 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 one year, or by a fine not exceeding $5,000, or by both. (Penal Code Section 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 Section 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 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 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 Section 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 Section 597j.) CONTINUED AB 2012 Page 3 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 fine up to $20,000, or by imprisonment in state prison for 16 months, two or three years and/or a fine up to $20,000. (Penal Code Section 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, two or three years and/or a fine up to $20,000. (Penal Code Section 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, two or three years and/or a fine up to $20,000. (Penal Code Section 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/5/10) American society for the Prevention of Cruelty to Animals (co-source) Los Angeles Society for Prevention of Cruelty to Animals (co-source) State Humane Association of California (co-source) CONTINUED AB 2012 Page 4 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 ARGUMENTS IN SUPPORT : According to the author's office, "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 overwhelming number reiterates the importance of protecting animals from neglect as well as cruelty. CONTINUED AB 2012 Page 5 "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." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Arambula, Beall, Tom Berryhill, Blakeslee, Block, Blumenfield, Bradford, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Cook, Coto, Davis, De La Torre, De Leon, Emmerson, Eng, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Gilmore, Hagman, Harkey, Hayashi, Hill, Huber, Huffman, Jeffries, Jones, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Monning, Nestande, Niello, V. Manuel Perez, Portantino, Ruskin, Salas, Skinner, Solorio, Audra Strickland, Swanson, Torres, Torrico, Tran, Yamada, John A. Perez NOES: Anderson, Bill Berryhill, Conway, DeVore, Garrick, Miller, Nielsen, Norby, Silva, Smyth NO VOTE RECORDED: Bass, Evans, Hall, Hernandez, Knight, Nava, Saldana, Torlakson, Villines, Vacancy RJG:do 8/5/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED