BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 425| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 425 Author: Calderon (D) Amended: 3/21/11 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/5/11 AYES: Hancock, Anderson, Calderon, Harman, Liu, Price, Steinberg SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Cruelty to animals: fighting SOURCE : The Humane Society of the United States DIGEST : This bill provides for minimum fines for specified dog fighting and cockfighting violations and to allow for forfeiture of property acquired through cockfighting. ANALYSIS : 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 ÝPEN] Section 310) CONTINUED SB 425 Page 2 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 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, two or three 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/ her charge or control, or aids, or abets that act. (PEN Section 597.5 (a)) This bill provides for a minimum fine of $10,000 for a violation of PEN Section 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 CONTINUED SB 425 Page 3 one year in county jail and/or a fine not to exceed $5,000. (PEN Section 597.5 (b)) This bill provides for a minimum fine of $1,000 for a violation of PEN Section 597.5(b). Existing law provides that any person, who for amusement or 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/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. (PEN Section 597b(a)) This bill provides for a minimum fine of $1,000 for a violation of PEN Section 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. (PEN Section 597b(b)) This bill provides for a minimum fine of $1,000 for a violation of PEN Section 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 six months in jail and a fine up to $1,000. (PEN Section 597c) This bill provides that the penalty for a violation of PEN Section 597c is imprisonment in the county jail not to exceed six 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 CONTINUED SB 425 Page 4 by up to six 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 causing such animal to be pursued by a dog or dogs. (PEN Section 597h) This bill provides that the penalty for PEN Section 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/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 PEN Section 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. (PEN Section 597j(a)) This bill provides for a minimum fine of $1,000 for a violation of PEN Section 597j(a). Existing law provides that second or subsequent violation of PEN Sections 597j is a misdemeanor with a penalty of up to one year in county jail and/or a fine up to $25,000. (PEN Section 597j) This bill provides a minimum fine of $10,000 for a second or subsequent violation of PEN Section 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. (PEN Section 598.1) CONTINUED SB 425 Page 5 This bill adds cockfighting to those provisions for which forfeiture may be sought. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 5/3/11) The Humane Society of the United States (source) American Society for the Prevention of Cruelty to Animals Animal Place California Animal Control Directors Association California Police Chiefs Association Paw PAC ARGUMENTS IN SUPPORT : 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." RJG:kc 5/3/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED