BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 425|
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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)
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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
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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
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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)
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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
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