BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2011-2012 Regular Session B
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SB 425 (Calderon)
As Amended March 21, 2011
Hearing date: April 5, 2011
Penal Code
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CRUELTY TO ANIMALS: FIGHTING
HISTORY
Source: The Humane Society of the United States
Prior Legislation: SB 318 (Calderon) - Chapter 302, Stats. 2009
SB 1775 (Calderon) - Failed in Senate Public Safety
2008
SB 1349 (Soto) - Chapter 430, Stats. 2006
SB 156 (Soto) - Moved to Assembly Inactive File
then Amended to different subject 2005-2006.
SB 732 (Soto) - Chapter 256, Stats. 2003
SB 196 (Knight) - Chapter 422, Stats. 1997
SB 1587 (Roberti) - 1989, not chaptered
Support: American Society for the Prevention of Cruelty to
Animals; California Police Chiefs Association; Paw PAC;
California Animal Control Directors Association; Animal
Place
Opposition:Association for the Preservation of Gamefowl; A
number of individuals
KEY ISSUES
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SHOULD MINIMUM FINES BE CREATED FOR PEOPLE CONVICTED OF
COCKFIGHTING AND DOG FIGHTING RELATED CRIMES?
(CONTINUED)
SHOULD THE FINE FOR A MINOR UNDER 16 YEARS OF AGE ATTENDING A
COCKFIGHT OR BEING ADMITTED TO A COCKFIGHT BE INCREASED?
SHOULD PROPERTY ACQUIRED THROUGH COCKFIGHTING BE SUBJECT TO
FORFEITURE?
PURPOSE
The purpose of this bill is to provide for minimum fines for
specified dog fighting and cockfighting violations and to allow
for forfeiture of property acquired through cockfighting.
Existing law makes it a misdemeanor punishable by a fine not
exceeding $100 or by imprisonment in the county jail for not
more than 25 days for any minor under the age of 16 years to
visit or attend any prizefight, cockfight or place where any
prizefight or cockfight is advertised and for any owner,
lessee or proprietor of any place where any prizefight or
cockfight is advertised to admit any minor or to sell or five
to any such minor a ticket to a place where a prizefight or
cockfight is advertised to take place. (Penal Code § 310)
This bill provides that any minor under 16 years of age who
visit or attends any cockfight or place where any cockfight is
advertised to take place, and any owner lessee, or proprietor,
or the agent of any owner, lessee or proprietor of any place
where any cockfight is advertised or represented to take place
who admits any minor to a place where any cockfight is
advertised or represented to take place or who admits, sells,
or gives to any minor a ticket or other paper by which that
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minor may be admitted to a place where a cockfight is
advertised to take place, is guilty of a misdemeanor
punishable by a fine not exceeding $500 or by imprisonment in
the county jail for not more than 25 days.
Existing law provides that any person who does any of the
following is guilty of a felony and is punishable by
imprisonment in the state prison for 16 months, 2 or 3 years
or by a fine not exceeding $50,000:
§ 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.
§ Permits either of the above to be done on any
premises under his or her charge or control, or
aids, or abets that act. (Penal Code § 597.5
(a).)
This bill provides for a minimum fine of $10,000 for a
violation of Penal Code § 597.5(a) except in unusual
circumstances where the interests of justice would be better
served by imposition of a lesser sentence.
Existing law provides that any person who 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 exhibitions or at
any other fighting or injuring with the intent to be present
at that exhibition, fighting or injuring, is guilty of a
misdemeanor punishable by up to one year in county jail and/or
a fine not to exceed $5,000. (Penal Code § 597.5 (b).)
This bill provides for a minimum fine of $1,000 for a
violation of Penal Code § 597.5(b).
Existing law provides that any person, who for amusement or
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gain, causes any bull, bear, or other animal, not including
any dog, to fight with the like kind of animal or creature, or
causes any animal, including any dog, to fight with a
different kind of animal or creature, or with any human being;
or who, for amusement or gain, worries or injures any bull,
bear, dog, or other animal, or causes any bull, bear or other
animal, not including any dog, to worry or injure each other;
and any person who permits the same to be done on any premises
under his or her charge or control; and any person who aids,
abets, is guilty of a misdemeanor punishable by up to one year
in jail and/or a fine of $5000. (Penal Code § 597b(a).)
This bill provides for a minimum fine of $1,000 for a
violation of Penal Code § 597b(a).)
Existing law makes it a misdemeanor to cause, for amusement or
gain, an animal to fight a like or different animal. The
penalty for a first offense is up to one year in county jail
and/or a fine of $5,000. (Penal Code § 597b(b).)
This bill provides for a minimum fine of $1,000 for a
violation of Penal Code § 597b.
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 where preparations are being made for animal
fighting is guilty of a misdemeanor punishable by up to 6
months in jail and a fine up to $1,000. (Penal Code §
597c.)
This bill provides that the penalty for a violation of Penal
Code § 597c is imprisonment in the county jail not to exceed
6 months, or by a fine of not less than $500 nor more than
$1,000 or by both imprisonment or fine.
Existing law provides that it is a misdemeanor punishable
by up to 6 months in jail and/or a fine up to $1,000 for any
person to tie or attach or fasten any live animal to any
machine or device propelled by any power for the purpose of
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causing such animal to be pursued by a dog or dogs. (Penal
Code § 597h)
This bill provides that the penalty for Penal Code § 597h
shall be a fine of $2,500 and/or by imprisonment in the
county jail not exceeding six months.
Existing law provides that it is a misdemeanor punishable by up
to one year in county jail and/or a fine up to $5,000 for any
person to manufacture, buy, sell, barter, exchange or to have in
his or her possession any of the implements commonly known as
gaffs or slashers, or any other sharp implement designed to be
attached in place of the natural spur of a gamecock or other
fighting bird.
This bill provides for a minimum fine of $1,000 for a violation
of Penal Code § 597i.
Existing law makes it a misdemeanor for any person to own,
possess, keep or train any bird or animal with the intent that
it be used in an exhibition of fighting. The penalty for a
first offense is up to one year in county jail and/or a fine of
$5000. (Penal Code §597j(a).)
This bill provides for a minimum fine of $1,000 for a violation
of Penal Code § 597j(a).
Existing law provides that second or subsequent violation of
Penal Code Sections 597j is a misdemeanor with a penalty of up
to one year in county jail and/or a fine up to $25,000. (Penal
Code § 597j.)
This bill provides a minimum fine of $10,000 for a second or
subsequent violation of Penal Code § 597j.
Existing law provides that the prosecuting agency in a criminal
proceeding where a person has been charged with dog fighting may
file a petition for forfeiture of any property interest, whether
tangible or intangible, that was acquired through the commission
of the crimes and sets forth procedures for such forfeiture.
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(Penal Code § 598.1)
This bill adds cockfighting to those provisions for which
forfeiture may be sought.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation.
As these cases have progressed, prison conditions have
continued to be assailed, and the scrutiny of the federal courts
over California's prisons has intensified.
On June 30, 2005, in a class action lawsuit filed four years
earlier, the United States District Court for the Northern
District of California established a Receivership to take
control of the delivery of medical services to all California
state prisoners confined by the California Department of
Corrections and Rehabilitation ("CDCR"). In December of 2006,
plaintiffs in two federal lawsuits against CDCR sought a
court-ordered limit on the prison population pursuant to the
federal Prison Litigation Reform Act. On January 12, 2010, a
three-judge federal panel issued an order requiring California
to reduce its inmate population to 137.5 percent of design
capacity -- a reduction at that time of roughly 40,000 inmates
-- within two years. The court stayed implementation of its
ruling pending the state's appeal to the U.S. Supreme Court.
On Monday, June 14, 2010, the U.S. Supreme Court agreed to hear
the state's appeal of this order and, on Tuesday, November 30,
2010, the Court heard oral arguments. A decision is expected as
early as this spring.
In response to the unresolved prison capacity crisis, in early
2007 the Senate Committee on Public Safety began holding
legislative proposals which could further exacerbate prison
overcrowding through new or expanded felony prosecutions.
This bill does not appear to aggravate the prison overcrowding
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crisis described above.
COMMENTS
1. Need for This Bill
According to the author:
Animal fighting-dogfighting and cockfighting remain
pervasive, insidious, and dangerous threats to
California communities. In spite of increased attention
from media, law enforcement and the legislature, these
underground organized criminal activities continue to
thrive across urban, rural, coastal and inland, northern
and southern California.
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2. Fines and Penalty Assessments in General
Added to every fine imposed are approximately 280% in penalty
assessments.<1> Thus, a $100 fine is really about $380; a $500
fine is $1,900; a $1,000 fine is $3,800; a $2,500 fine is
$7,000; a $5,000 fine is $14,000; a $10,000 fine is $28,000;
$25,000 fine is $70,000; and, a $50,000 fine is $140,000. In
addition to fines a defendant also pays court ordered
restitution to the victim.
3. Increased Fine for Minor at a Cockfight
Under existing law the penalty for a minor under 16 years of age
attending a prizefight or a cockfight, or selling a ticket or
admitting a minor under 16 years of age to a prizefight or a
cockfight is the same, up to 25 days in the county jail or a
fine not exceeding $100 ($380 with penalty assessments). This
bill makes the penalty for a minor under 16 years of age
attending a cockfight or selling a ticket or admitting a minor
under 16 years of age to a cockfight $500 ($1,900 with penalty
assessments) or up to 25 days in the county jail.
4. Possessing and Training of Dogs for Fighting
This bill creates a new minimum fine of $10,000 ($28,000 with
penalty assessments) to the felony of possessing training or
causing dogs to fight. The current maximum fine is $50,000
($140,000 with penalty assessments) with penalty assessments.
This bill does provide that an imposition of a lesser sentence
can occur in "unusual circumstances" where the interests of
justice would be better served. One concern with high minimum
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<1> Until the budget year 2002-2003, there was 170% in penalty
assessments applied to every fine, the current penalty
assessments are approximately 280% plus an additional $4 per
fine. (See Penal Code § 1464; Penal Code § 1465.7; Penal Code §
1465.8 Government Code § 70372; Government Code § 7600.5
Government Code § 76000 et seq; Government Code § 76000.10;
Government Code § 76104.6 )
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fines is that it may limit the amount of money a defendant has
to pay restitution. In the case of dogs trained to fight, it is
possible for the court to order restitution to care for the dogs
who are the victims in the case. A court may be reluctant to
order the maximum restitution if the person is already required
to pay a high fine.
5. Additional Minimum Fines
This bill creates minimum fines of $1,000 ($3,800 with penalty
assessments) for being present at a dogfighting; causing any
animal to fight for amusement or gain; causing a cock to fight
for amusement or gain; being a spectator at a cockfight; owning
implements of cockfighting; and possessing or training a cock to
fight.
This bill also increases the fine from $1,000 ($3,800 with
penalty assessments) to $2,500 ($7,000) for tieing or attaching
or fastening any live animal to a device propelled by any power
for the purpose of causing that animal to be pursued by dogs.
In addition this bill creates a minimum fine of $10,000 ($28,000
with penalty assessments) for a second conviction of owning or
possessing any bird or animal for the purpose of fighting. The
current maximum fine is $25,000 ($70,000 with penalty
assessments).
Are these minimum fines appropriate taking into consideration
the penalty assessments and potential restitution? The courts
currently have the discretion to order these fines, should the
courts retain the discretion in determining the appropriate
balance between fines and restitution?
6. Forfeiture
In 2009, SB 318 (Calderon) created forfeiture procedures for
property acquired through the commission of dog fighting. The
property that can be forfeited includes personal and real
property, profits, proceeds and instrumentalities acquired,
accumulated or used by dogfighting participants, organizers,
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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.
This bill extends these forfeiture provisions to cockfighting.
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