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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