BILL ANALYSIS
SB 318
Page 1
SENATE THIRD READING
SB 318 (Ron Calderon)
As Amended May 28, 2009
Majority vote
SENATE VOTE :36-2
PUBLIC SAFETY 7-0
-----------------------------------------------------------------
|Ayes:|Arambula, Hagman, | | |
| |Ammiano, Furutani, | | |
| |Gilmore, Hill, Ma | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Provides for forfeiture procedures for specified
property acquired through the crime of dog fighting, as
specified. Specifically, this bill :
1)Provides that any property interest, whether tangible or
intangible, acquired through the commission of any of
specified dog fighting crimes shall be subject to forfeiture,
including both personal and real property, profits, proceeds,
and the instrumentalities acquired, accumulated, or used by
dog fighting participants, organizers, transporters of animals
and equipment, breeders and trainers of fighting dogs, and
persons who steal or illegally obtain dogs or other animals
for fighting, including bait and sparring animals.
2)States that the prosecuting agency in a criminal proceeding in
which the defendant has been charged with the commission of
any specified dog fighting crime, in conjunction with the
criminal proceeding, file a petition for forfeiture. If the
prosecuting agency has filed a petition for forfeiture and the
defendant is convicted of any of the specified dog fighting
crimes, the specified assets shall be subject to forfeiture
upon proof of the required legal elements.
3)Excepts the following property from forfeiture under this
section:
a) Property solely owned by a bona fide purchaser for
value, who was without knowledge that the property was
intended to be used for a purpose which would subject it to
SB 318
Page 2
forfeiture under this section, or is subject to forfeiture
under this section; and,
b) Property used as a family residence and owned by two or
more inhabitants, one of whom had no knowledge of its
unlawful use.
4)Requires that the prosecuting agency shall make service of
process of a notice regarding that petition upon every
individual who may have a property interest in the alleged
proceeds, which notice shall state that any interested party
may file a verified claim with the superior court stating the
amount of the party's claimed interest and an affirmation or
denial of the prosecuting agency's allegation.
EXISTING LAW :
1)States that if any person owning or having custody and control
of a mischievous animal, knowing its propensities, willfully
suffers the animal to go at large, or keeps the animal without
ordinary care, and the animal, while at large or while not
kept with ordinary care, kills any human being who has taken
all precautions that the circumstances permitted, or which a
reasonable person would ordinarily take in a similar
situation, is guilty of a felony.
2)Provides that if any person owning or having custody of a
mischievous animal, knowing its propensities, willfully
suffers it to go at large, or keeps the animal without
ordinary care, and the animal, while at large or while not
kept with ordinary care, causes serious bodily injury to any
human being who has taken all the precautions that
circumstances permitted, or which a reasonable person would
ordinarily take in the same situation, is guilty of a
misdemeanor or a felony.
FISCAL EFFECT : None
COMMENTS : According to the author, "[D]og fighting is an
insidious underground, organized crime and that has reached
epidemic proportions in urban communities and thrives in many
rural areas as well. Many communities have been morally,
socially and culturally scarred by the continuing presence of
dog fighting. Children who are exposed to the unfathomable
SB 318
Page 3
violence of dog fighting are conditioned to believe that
violence is normal and are systematically desensitized to the
consequential suffering. Dog fighters are often violent
criminals that engage in a whole host of peripheral criminal
activities, such as gangs, racketeering and drug trafficking.
These activities present a clear and present danger to public
order and safety and are not constitutionally protected.
"In order to seek eradication of dog fighting by systematically
reducing the economic resources available to these criminals who
facilitate and support the crime of dog fighting, Senator
Calderon has introduced SB 1775.
"The measure is a means of punishing and deterring the criminal
activities of dog fighters is through forfeiture of the
property, both personal and real, profits, proceeds and the
instrumentalities acquired, accumulated or used by dog fighting
participants, organizers, transporters of animals and equipment,
property owners who allow their premises to be used for dog
fighting and other activities in support of dog fighting,
breeders of, trainers of, and persons who steal and illegally
obtain dogs and other animals for fighting, including bait and
sparring animals.
"Proceeds acquired through the post-conviction forfeiture
process will be distributed to law enforcement agencies to help
reimburse the costs associated with investigating and
prosecuting dog fighting cases and animal-welfare organization
that care for and rehabilitate animals rescued from dog
fighters."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0001732