BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2264|
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THIRD READING
Bill No: AB 2264
Author: Levine (D), et al.
Amended: 8/4/14 in Senate
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/24/14
AYES: Hancock, Anderson, De León, Knight, Liu, Mitchell,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/4/14
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
ASSEMBLY FLOOR : Not relevant
SUBJECT : Victim compensation: guide, signal, or service dogs
SOURCE : Author
DIGEST : This bill expands eligibility for reimbursement under
the Victim Compensation Program (CalVCP) to cover costs
associated with the injury or death of a guide, signal, or
service dog as a result of a crime, as specified.
ANALYSIS :
Existing law:
1.Requires the court to order a defendant to make restitution to
the victim(s) of the defendant's crime, based on the amount of
loss claimed by the victim(s) or any other showing to the
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court. The court shall order full restitution for the losses
caused by the defendant's crime unless the court finds and
states compelling and extraordinary reasons for not doing so.
2.Provides that it is an infraction for any person to permit any
dog owned, harbored, or controlled by him/her to cause injury
to, or the death of any guide, signal, or service dog, as
defined. Provides that a violation is an infraction
punishable by a fine not to exceed $250 if the injury or death
to the guide, signal, or service dog was caused by the
person's failure to exercise ordinary care in the control of
his/her dog.
3.Provides that it is a misdemeanor if the injury or death of
any guide, signal, or service dog was caused by the person's
reckless disregard in the exercise of control over his/her dog
under circumstances that constitute such a departure from the
conduct of a reasonable person as to be incompatible with a
proper regard for the safety and life of any guide, signal, or
service dog. The penalty is up to one year in county jail
and/or a fine of 2,500-$5,000.
4.Provides that a person convicted of causing injury or death to
any guide, signal or service dog may also be ordered to make
restitution to the person who had ownership or custody of the
guide, signal, or service dog and may be liable for any
veterinary bills and replacement costs, or other reasonable
costs deemed appropriate by the court.
5.States that any person who intentionally causes injury to, or
the death of any guide, signal or service dog, as defined,
while the dog is in the discharge of its duties is guilty of a
misdemeanor, punishable by imprisonment in the county jail up
to one year and/or a fine not to exceed $10,000.
6.Provides that any defendant convicted of a violation of
injuring or killing a guide, signal or service dog shall be
ordered to make restitution to the disabled person if it is
disabled or killed for any veterinary bills and replacement
costs of the dog, or other reasonable costs deemed appropriate
by the court.
7.Establishes within the Government Operations Agency the
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California Victim Compensation and Government Claims Board
(Board) to operate the CalVCP to reimburse victims of crime
for the pecuniary losses they suffer as a direct result of
criminal acts. Indemnification is made from the Restitution
Fund, which is continuously appropriated to the Board.
8.Requires that a victim or derivative victim seeking
compensation from the Board must sustain one or more of the
following:
A. Physical injury, as specified.
B. Emotional injury and a threat of physical injury.
C. Emotional injury, as specified.
This bill:
1.Provides that when a person causes injury to, or the death of,
any guide, signal, or service dog through the failure or
reckless disregard to exercise control over his/her dog or
through his/her intentional actions, the person whose dog was
injured or died may apply for compensation by the Board.
2.Extends eligibility criteria for reimbursement from the CalVCP
to include the expenses of veterinary services, replacement
costs, or other reasonable expenses, as ordered by the court,
in an amount not to exceed $10,000.
Comments
According to the author:
Guide, service, and signal dogs are highly trained animals
that make a healthy, fulfilling and independent life possible
for people with a variety of physical challenges. Current law
states that it is a criminal offence to cause injury, whether
intentional or unintentional, to a guide, signal or service
dog. A defendant that is convicted in these attacks is
required to provide restitution for the harm caused to the
dog.
However, if the defendant is fiscally unable to provide
compensation, the victim is left unable to obtain funds to
care for the injuries sustained to their dog. This bill would
state that if the defendant is unable to make restitution, the
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victim is eligible to apply for compensation under the
Victim's Compensation Fund as the dog is an extension of the
person and a vital component to their independence.
Without this bill, existing law is deficient in that in these
types of cases the victim is not made whole. It is expected
that there will be very few such reimbursement cases in
California. Therefore, it does not seem that this bill will
create a substantial demand on the Fund. However, to the
individual, this bill means freedom and independence to the
person being served by the dog.
Prior legislation . AB 1801 (Pavley, Chapter 322, Statutes of
2004) increased the penalties and fines for interfering with a
guide, signal, or service dog, as specified, and for causing or
permitting any other dog to cause injury to, or the death of,
any guide, signal, or service dog, as defined.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Potential minor increase in claims reimbursement likely
less than $50,000 (Special Fund*) annually paid to victims
to cover costs for veterinary services, replacement costs,
and other reasonable expenses as ordered by the court.
Assuming reimbursement for two victims at the maximum
reimbursement amount of $10,000 would result in additional
costs of $20,000. Arrest and conviction data from the
Department of Justice for the past three years indicate
only one or two arrests (and no convictions) per year for
the specified crimes potentially eligible for compensation.
Minor ongoing costs (Special Fund*) the Board to process
additional claims for compensation.
*Restitution Fund
SUPPORT : (Verified 8/5/14)
Canine Companions for Independence
Crime Victims United
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Guide Dogs for the Blind
ASSEMBLY FLOOR : 73-0, 5/23/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Mullin, Muratsuchi, Nazarian, Olsen, Pan, Patterson,
Perea, John A. Pérez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Bonilla, Harkey, Roger Hernández, Melendez,
Nestande, V. Manuel Pérez, Vacancy
JG:k 8/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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