BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                      



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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 ›PEN] 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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