BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 426|
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UNFINISHED BUSINESS
Bill No: SB 426
Author: Calderon (D)
Amended: 6/15/11
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 5/10/11
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE FLOOR : 39-0, 5/23/11 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Hernandez,
Huff, Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Rubio, Runner,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Harman
ASSEMBLY FLOOR : 70-0, 6/23/11 (Consent) - See last page
for vote
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 public nuisance, and allows for the
eviction of any person who commits or maintains such a
nuisance.
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Assembly Amendments clarify that the "nuisance" is a
"public 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
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
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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
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 public 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 public 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
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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 public 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 6/23/11)
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,
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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."
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."
ASSEMBLY FLOOR : 70-0, 6/23/11
AYES: Achadjian, Allen, Ammiano, Atkins, Bill Berryhill,
Block, Blumenfield, Bonilla, Bradford, Brownley, Butler,
Charles Calderon, Campos, Carter, Cedillo, Chesbro,
Conway, Cook, Dickinson, Donnelly, Eng, Feuer, Fletcher,
Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick,
Gatto, Gordon, Grove, Hagman, Halderman, Harkey, Hayashi,
Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight,
Logue, Ma, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
P�rez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Alejo, Beall, Buchanan, Davis, Gorell,
Hall, Roger Hern�ndez, Lara, Bonnie Lowenthal, Mansoor
RJG:mw 6/24/11 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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