BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 425|
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                              UNFINISHED BUSINESS


          Bill No:  SB 425
          Author:   Calderon (D), et al.
          Amended:  6/23/11
          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

           SENATE FLOOR  :   36-1, 5/19/11
          AYES:  Alquist, Anderson, Berryhill, Blakeslee, Calderon, 
            Cannella, Corbett, De León, DeSaulnier, Dutton, Emmerson, 
            Evans, Fuller, Gaines, Hancock, Harman, Kehoe, La Malfa, 
            Leno, Lieu, Liu, Lowenthal, Padilla, Pavley, Price, 
            Rubio, Runner, Simitian, Steinberg, Strickland, Vargas, 
            Walters, Wolk, Wright, Wyland, Yee
          NOES:  Negrete McLeod
          NO VOTE RECORDED:  Correa, Hernandez, Huff

           ASSEMBLY FLOOR  :  76-0, 7/14/11 - See last page for vote


           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 
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          cockfighting.

           Assembly Amendments  (1) delete fines and provisions in the 
          bill dealing with Penal Code sections 597.5(a), 597.5(b), 
          597i, 597j(a) to raise existing fines and/or establish a 
          minimum fine that may be levied including enhancements.

           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)

          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 it is a misdemeanor punishable 
          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 the prosecuting agency in a 

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          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)

          This bill adds cockfighting to those provisions for which 
          forfeiture may be sought. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  7/19/11)

          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 Peace Officers' Association
          California Police Chiefs Association
          California State Sheriffs' Association
          Humane Society of the United States 
          Los Angeles District Attorney's Office 
          Public Interest Coalition
          San Bernardino County Sheriff's Department 
          San Diego Board of Supervisors

           OPPOSITION  :    (Verified  7/19/11)

          Association for the Preservation of Gamefowl 
          California Attorneys for Criminal Justice

           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."

           ARGUMENTS IN OPPOSITION  :    According to the California 
          Attorneys for Criminal Justice:


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            "We cannot endorse SB 425, a bill to increase fines and 
            penalties for engaging in certain inchoate acts or 
            omissions pertaining to chicken and dog fighting.  For 
            reasons explained herein, CACJ believes the better course 
            is to allow existing recently enacted federal measures 
            which were designed by Congress to have far more effect 
            on any problem that California may be experiencing with 
            various animal fighting ventures.

            "CACJ opposes SB 425 because the proposed law is far too 
            vague to be enforced, and because existing federal law 
            effectively criminalizes a far wider range of activity 
            with interstate commerce powers.  This includes heavy 
            criminal (3 years in federal prison) and monetary 
            ($250,000.00) penalties that provide more effective 
            deterrents, enforcement options and publicity towards 
            other would be criminals that it is just not worth it to 
            promote animal fighting in any of its forms.

            "CACJ feels that the prevention of harm to animals, the 
            actual participation or even interest (via media 
            dissemination of information) therein, can be better 
            achieved by way of allowing existing federal law to work. 
             SB 425 provides no comparable deterrent effect."


           ASSEMBLY FLOOR  :  76-0, 7/14/11
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall, 
            Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, 
            Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie 
            Lowenthal, Ma, Mansoor, Mendoza, Miller, Monning, 
            Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. 
            Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, 
            Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, 
            Yamada, John A. Pérez
          NO VOTE RECORDED:  Beth Gaines, Garrick, Gorell, Mitchell


          RJG:kc  7/19/11   Senate Floor Analyses 

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                         SUPPORT/OPPOSITION:  SEE ABOVE

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