BILL ANALYSIS Ó
SB 1145
Page 1
Date of Hearing: June 26, 2012
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1145 (Emmerson) - As Amended: March 29, 2012
SUMMARY : Increases the maximum fines for various offenses
relating to animal fighting. Specifically, this bill :
1)Increases the fine for any person convicted of causing any
bull, bear, or other animal, not including a dog to fight
with a like kind of animal, or causing any animal, including
any dog, to fight with a different kind of animal, or with any
human being, or permitting the same to be done on any premises
under his or her charge or control, or aiding and abetting the
fighting of an animal from a fine not to exceed $5,000 to a
fine not to exceed $10,000.
2)Increases the fine for any person convicted of causing any
cock to fight with another cock, or with a different or with
any human being, or permitting the same to be done on any
premises under his or her charge or control, or aiding and
abetting the fighting of any cock from a fine not to exceed
$5,000 to a fine not to exceed $10,000.
3)Increases the fine for any person convicted of being knowingly
present as a spectator at any place, building, or tenement for
an exhibition of animal fighting, or is knowingly present at
that exhibition, or is knowingly present preparations are
being made for animal fighting from a fine not to exceed
$1,000 to a fine not to exceed $5,000.
4)Increase the fine for anyone convicted of manufacturing,
buying, selling, bartering, exchanging, or having 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 from a fine not to exceed $5,000 to a fine not
to exceed $10,000.
5)Increases the fine for any person convicted of owning,
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possessing, keeping, or training any bird or animal with the
intent that it be used by himself or herself, or any other
person in an exhibition of fighting from a fine not to exceed
$5,000 to a fine not to exceed $10,000.
EXISTING LAW :
1)Provides that any person who causes any animal, not including
a dog, to fight with another animal, or permits the same to be
done on any property under his or her control, or aids or
abets the fighting of any animal is guilty of a misdemeanor,
punishable by up to one year in the county jail or by a fine
not to exceed $5,000; or both. ÝPenal Code Section 597b(a).]
2)Provides that any person who causes a cock to fight with
another cock, or permits the same to be done on any property
under his or her control, and any person who aid or abets the
fighting of any cock or is present as a spectator is guilty of
a misdemeanor, punishable by imprisonment in the county jail
not to exceed one year, or by a fine not to exceed $5,000, or
by both. ÝPenal Code Section 597b(b).]
3)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 at
that exhibition, or is knowingly present where preparations
are being made for the exhibition, fighting, or injuring of an
animal is guilty of a misdemeanor punishable by imprisonment
in a county jail not to exceed six months, or by a fine not
exceeding $1,000, or by both. (Penal Code Section 597c.)
4)Provides that any person who owns, possesses, keeps or trains
any bird or other animal with the intent that that it be used
an exhibition of fighting is guilty of a misdemeanor,
punishable by imprisonment in the county jail not to exceed
one year; by a fine not to exceed $5,000, or by both. (Penal
Code Section 597j.)
5)States that any person that manufactures, buys, sells,
barters, exchanges, or has 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 is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed one
year, by a fine not to exceed $5,000, or by both. (Penal Code
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Section 597i.)
6)Provides that every person who maliciously and intentionally
maims, mutilates, tortures, or wounds a living animal or
maliciously and intentionally kills an animal is guilty of
either a misdemeanor or felony, punishable by imprisonment in
a county jail for up to one year and/or by a fine up to
$20,000, or by imprisonment in state prison for 16 months, 2
or 3 years and/or a fine up to $20,000. ÝPenal Code Section
597(a).]
7)States that every person who overdrives, overloads, overworks,
tortures, torments, deprives of drink, cruelly beats, or
mutilates an animal is guilty of either a misdemeanor or
felony, punishable by imprisonment in a county jail for up to
six months and/or by a fine up to $20,000, or by imprisonment
in state prison for 16 months, 2 or 3 years and/or a fine up
to $20,000. ÝPenal Code Section 597(b).]
8)Provides that every person who maliciously and intentionally
maims, mutilates, or tortures any mammal, bird, reptile,
amphibian, or fish is guilty of either a misdemeanor or
felony, punishable by imprisonment in a county jail for up to
one year and/or by a fine up to $20,000, or by imprisonment in
state prison for 16 months, 2 or 3 years and/or a fine up to
$20,000. ÝPenal Code Section 597(c).]
9)Provides that any person that does any of the following is
guilty of a felony and is punishable by imprisonment in a
state prison for 16 months, 2 or 3 years, or by a fine not to
exceed $50,000, or by both such fine and imprisonment:
a) Owns, possesses, keeps, or trains any dog, with the
intent that the dog shall be engaged in an exhibition of
fighting with another dog;
b) For amusement or gain, causes any dog to fight with
another dog, or causes any dogs to injure each other; or,
c) Permits any of the above acts to be done on any premises
under his or her control, or aid or abets that act. ÝPenal
Code Section 597.5(a).]
FISCAL EFFECT : Unknown
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COMMENTS :
1)Author's Statement : According to the author, "Cockfighting is
a lucrative enterprise that occurs throughout the state. Part
of the problem is that California charges first time offenders
with a misdemeanor while in neighboring states, offenders are
charged with a felony. However, since there is major
overcrowding in our prison system and the state is looking at
ways to reduce the prison population, this bill seeks to
increase fines rather than penalties."
2)Prior Legislation :
a) SB 425 (Calderon), Chapter 425, Statutes of 2005,
increased fines for various animal fighting offenses, and
applied existing forfeiture proceedings for dog fighting to
cockfighting.
b) AB 242 (Nava), Chapter 225, Statues of 2009, increased
the penalty from a misdemeanor punishable by up to six
months in a county jail to imprisonment in a county jail
not to exceed one year, or by a fine not to exceed $5,000,
or by both, for any person to be 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 that
exhibition.
c) AB 2281 (Nava), of the 2007-08 Legislative Session,
would have made it a felony punishable by 16 months, 2 or 3
years in the state prison for any person convicted of being
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 that exhibition. AB 2281 was held on the
Assembly Appropriations Committee's Suspense File.
REGISTERED SUPPORT / OPPOSITION :
Support
American Society for the Prevention of Cruelty to Animals
California District Attorneys Association
California State Sheriffs' association
County of San Diego
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Humane Society of the United States
Los Angeles County District Attorney's Office
San Bernardino County District Attorney
San Bernardino County Farm Bureau
Opposition
California Attorneys for Criminal Justice
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744