BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                  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.  ›Penal 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.  ›Penal 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.  ›Penal 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.  ›Penal 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.  ›Penal 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.  ›Penal 
               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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                                                                  Page  5

          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