BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 426| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 León, 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. CONTINUED SB 426 Page 2 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 CONTINUED SB 426 Page 3 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 CONTINUED SB 426 Page 4 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, CONTINUED SB 426 Page 5 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 Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Alejo, Beall, Buchanan, Davis, Gorell, Hall, Roger Hernández, Lara, Bonnie Lowenthal, Mansoor RJG:mw 6/24/11 Senate Floor Analyses CONTINUED SB 426 Page 6 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED