BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1145
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          SENATE THIRD READING
          SB 1145 (Emmerson)
          As Amended  March 29, 2012
          Majority vote 

           SENATE VOTE  :36-0  
           
           PUBLIC SAFETY       6-0                                         
           
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          |Ayes:|Ammiano, Knight, Cedillo, |     |                          |
          |     |Hagman, Mitchell, Hall    |     |                          |
          |     |                          |     |                          |
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           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 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 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 where preparations 
            are being made for animal fighting from a fine not to exceed 
            $1,000 to a fine not to exceed $5,000.

          4)Increases 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 








                                                                  SB 1145
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            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, 
            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.  

          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.  

          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.  

          4)Provides that any person who owns, possesses, keeps or trains 
            any bird or other animal with the intent that it be used in 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.  

          5)States that any person that manufactures, buys, sells, 
            barters, exchanges, or has in his or her possession any of the 








                                                                  SB 1145
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            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.  

          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, two 
            or three years and/or a fine up to $20,000.  

          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, two or three years and/or a 
            fine up to $20,000.  

          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, two or three years and/or a fine 
            up to $20,000.  

          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, two or three 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.  








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           FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal by the 
          Legislative Counsel.

           COMMENTS  :  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."

          Please see the policy committee analysis for a full discussion 
          of this bill.


           Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916) 
          319-3744 


                                                               FN:  0004235