BILL ANALYSIS Ó
SB 1145
Page 1
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
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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
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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