BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 426|
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                                 THIRD READING


          Bill No:  SB 426
          Author:   Calderon (D)
          Amended:  3/25/11
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  5-0, 5/10/11
          AYES:  Evans, Harman, Blakeslee, Corbett, Leno


           SUBJECT  :    Tenancy:  eviction:  notices

           SOURCE  :     Humane Society of the United States


           DIGEST  :    This bill classifies any building or property 
          used to willfully conduct unlawful dogfighting or 
          cockfighting as a nuisance, and allows for the eviction of 
          any person who commits or maintains such a nuisance.    

           ANALYSIS  :    Existing law defines a "nuisance" as anything 
          that is injurious to health, including but not limited to, 
          the illegal sale of controlled substances, or is indecent 
          or offensive to the senses, or an obstruction to the free 
          use of property, so as to interfere with the comfortable 
          enjoyment of life or property, or unlawfully obstructs the 
          free passage or use, in the customary manner, of any 
          navigable lake, river, bay, stream, canal, or basin, or any 
          public park, square, street, or highway.  (Civil Code 
          Section 3479)

          Existing law defines a public nuisance as one which affects 
          at the same time an entire community or neighborhood, or 
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          any considerable number of persons, although the extent of 
          the annoyance or damage inflicted upon individuals may be 
          unequal.  (Civil Code Section 3480) 

          Existing law defines private nuisance as one which does not 
          fall within the section defining a public nuisance.  (Civil 
          Code Section 3481)  

          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 charge or control, or aids, or abets the act.  
            (Penal Code Section 597.5(a))

          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 
          one year in county jail and/or a fine not to exceed $5,000. 
           (Penal Code Section 597.5(b))

          Existing law makes it a misdemeanor for any person who, for 
          amusement or gain, causes any cock to fight with another 
          cock or with a different kind of animal or creature or with 
          any human being; or who, for amusement or gain, worries or 
          injures any cock, or causes any cock to worry or injure 
          another animal; and any person who permits the same to be 
          done on any premises under his or her charge or control, 
          and any person who aids or abets the fighting or worrying 
          of any cock.  The penalty for a first offense is up to one 

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          year in county jail and/or a fine of $5,000.  (Penal Code 
          Section 597b(b))

          This bill specifies that a building or property used to 
          conduct dogfighting or cockfighting in violation of the 
          above Penal Code provisions is a nuisance.  

          Existing law provides that a tenant who assigns, sublets, 
          or commits waste upon the premises contrary to the 
          conditions or covenants of the lease, or maintains, 
          commits, or permits the maintenance or commission of a 
          nuisance upon the premises, or uses the premises for an 
          unlawful purpose, is guilty of an unlawful detainer and 
          may, upon service of three days' notice to quit, be evicted 
          from the premises by the landlord.  Current law also 
          specifies that a person who illegally possesses certain 
          firearms or ammunition on the premises, or who illegally 
          possesses or sells a controlled substance on the premises, 
          or who uses the premises to further either purpose, as 
          defined, is deemed to have committed a nuisance upon the 
          premises and is guilty of unlawful detainer.  (Civil Code 
          Section 1161(4))  

          Existing law provides that certain uses of buildings or 
          places constitute a nuisance, including those buildings or 
          places used for the purposes of (1) illegal gambling or 
          prostitution (Penal Code Section 11225); (2) unlawfully 
          selling, serving, storing, keeping, manufacturing, or 
          giving away any controlled substance (Health and Safety 
          Code Section 11570); and (3) unlawfully selling, serving, 
          or giving away alcoholic liquor (Penal Code Section 11200).

          This bill provides that a tenant who willfully conducts 
          dogfighting or cockfighting in the building or property, is 
          deemed to have committed a nuisance upon the premises for 
          the purposes of the subdivision, which allows for the 
          eviction of any tenant who has committed, maintained, or 
          permitted the maintenance or commission of a nuisance upon 
          the premises.

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

           SUPPORT  :   (Verified  5/11/11)

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          Humane Society of the United States (source)
          American Society for the Prevention of Cruelty to Animals 
          California Police Chiefs Association

           ARGUMENTS IN SUPPORT  :    According to the author: 

            "Animal fighting-dogfighting and cockfighting-remain 
            dangerous threats and create public nuisance to many 
            individuals throughout California communities.  This bill 
            would provide that a building or property used to conduct 
            dogfighting or cockfighting in violation of specified 
            criminal provisions is a nuisance and would specify that 
            a tenant who commits or maintains this nuisance may be 
            evicted.   

            "Public nuisance goes hand in hand with illegal animal 
            fighting.  Large-scale cockfighting pits simply draw too 
            much attention to go unnoticed and hundreds of these pits 
            exist statewide.  Reported raids of cockfighting and dog 
            fighting pits shows that narcotics are almost always 
            uncovered at illegal fighting operations.  Illegal 
            narcotics, gambling and firearms at organized animal 
            fighting rings make a volatile mixture that creates a 
            perfect storm for violence to erupt.  One of the most 
            disturbing aspects of illegal animal fighting operations 
            is the presence of children at animal fighting events, 
            where they are exposed to bloodshed, narcotics and 
            illegal gambling."

          According to the Humane Society, the bill's sponsor:  
          "Dogfighting and cockfighting remain pervasive, insidious, 
          and dangerous threats to California communities.  In spite 
          of increased attention from the media, law enforcement and 
          the legislature, these underground organized criminal 
          activities continue to thrive ? Illegal animal fighting is 
          associated with a wide array of other illegal activities 
          including but not limited to:  gambling, firearms 
          possession, child endangerment, narcotics use and 
          trafficking, smuggling, vending, and animal cruelty and 
          neglect. ?California's law enforcement officers are serious 
          about ending animal fighting but need better tools, 
          particularly with respect to cockfighting."


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          The Humane Society goes on to explain that "there are 
          several ways to attack this scourge and increase the cost 
          of 'doing business' for animal fighters in California 
          through SB 426's effort to reduce the economic resources 
          available to those criminals who facilitate and support the 
          crime of animal fighting."


          RJG:mw  5/11/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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