BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1145|
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THIRD READING
Bill No: SB 1145
Author: Emmerson (R), et al.
Amended: 03/29/12
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 04/10/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SUBJECT : Animal fighting
SOURCE : San Bernardino District Attorney
The Human Society of the United States
DIGEST : This bill increases the fines for various
misdemeanors relating to animal fighting.
ANALYSIS : 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, 2 or 3 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
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premises under his or her charge or control, or aids,
or abets that 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 provides that any person, who for amusement or
gain, causes any bull, bear, or other animal, not including
any dog, to fight with the like kind of animal or creature,
or causes any animal, including any dog, to fight with a
different kind of animal or creature, or with any human
being; or who, for amusement or gain, worries or injures
any bull, bear, dog, or other animal, or causes any bull,
bear or other animal, not including any dog, to worry or
injure each other; 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, abets, is guilty of a misdemeanor
punishable by up to one year in jail and/or a fine of
$5,000. (Penal Code Section 597b(a).)
This bill makes the fine for the above violation $10,000.
Existing law makes it a misdemeanor to cause, for amusement
or gain, an animal to fight a like or different animal.
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 makes the fine for the above violation $10,000.
Existing law provides that any person who is knowingly
present as a spectator at any place, building, or tenement
for an exhibition of animal fighting, or who is knowingly
present where preparations are being made for animal
fighting is guilty of a misdemeanor punishable by up to 6
months in jail and a fine up to $1,000. (Penal Code
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Section 597c.)
This bill makes the fine for the above violation $5,000.
Existing law provides that it is a misdemeanor punishable
by up to 6 months in jail and/or a fine up to $2,500 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. (Penal Code Section 597h)
Existing law provides that it is a misdemeanor punishable
by up to one year in county jail and/or a fine up to $5,000
for any person to manufacture, buy, sell, barter, exchange
or to have in his or her possession any of the implements
commonly known as gaffs or slashers, or any other sharp
implement designed to be attached in place of the natural
spur of a gamecock or other fighting bird.
This bill makes the fine for the above violation $10,000.
Existing law makes it a misdemeanor for any person to own,
possess, keep or train any bird or animal with the intent
that it be used in an exhibition of fighting. The penalty
for a first offense is up to one year in county jail and/or
a fine of $5,000. (Penal Code Section 597j(a).)
This bill makes the fine for the above violation $10,000.
Existing law provides that a second or subsequent violation
of Penal Code Section 597j is a misdemeanor with a penalty
of up to one year in county jail and/or a fine up to
$25,000. (Penal Code Section 597j.)
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/11/12)
San Bernardino District Attorney (co-source)
The Human Society of the United States (co-source)
California District Attorneys Association
California Police Chiefs Association
California Narcotic Officers Association
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OPPOSITION : (Verified 4/11/12)
California Attorneys for Criminal Justice
ARGUMENTS IN SUPPORT : According to the author:
SB 1145 seeks to increase fines on individuals who are
involved in animal fighting. The fine under current
law for being a participant in an animal fight,
excluding dogs, or holding an animal fighting event is
$5,000. Likewise, for the owner/trainer of a bird or
other animal intended to be used in a fight the fine
is also $5,000. SB 1145 would double these fines to
$10,000. Additionally, for individuals who possess
the implements known as gaffs or slashers that are
attached to a bird in a cockfight, this bill seeks to
increase the fine from $5,000 to $10,000.
Furthermore, cockfighting occurs and continues to be a
problem because people are willing to pay money to
attend these events. Therefore, SB 1145 would also
increase the fine on spectators from $1,000 to $5,000.
In California, cockfighting is a misdemeanor for the
first offense, rising to a felony the second time
around; however, it is an automatic felony in our
neighboring states of Oregon, Arizona and New Mexico.
Furthermore, cockfighting is not limited to any one
area in California, taking place throughout the state.
With that being said, the top five counties with the
highest number of cockfighting incidents involving law
enforcement are Los Angeles, Riverside, San
Bernardino, San Diego and Fresno. Since January 2008,
there have been more than 100 major cockfighting busts
in 35 counties involving more than 20,000 live or dead
birds. In addition, as of January 2012 there have
been at least six cockfighting busts around the state.
Illegal animal fighting results in animal cruelty and
is often times associated with a number of other
illegal activities including the infiltration of
gangs, illegal drug activity, gambling and other
serious crimes. SB 1145 is a necessary measure that
increases the fines for cockfighting, eliminating the
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financial benefit for engaging in this brutal
enterprise.
ARGUMENTS IN OPPOSITION : California Attorneys for
Criminal Justice (CACJ) opposes increases in fines for
"mere presences or participation in animal fighting events"
stating:
CACJ believes that existing fines and criminal
sanctions for such matters amply reflects society's
disapproval for such things and serves as a real
deterrent. Such fines as the author seeks to
authorize are disproportionate to any harms occasioned
by these crimes, and are subject to discriminatory
misuse and abuse.
RJG:nl 4/11/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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