BILL ANALYSIS Ó
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CONCURRENCE IN SENATE AMENDMENTS
AB 2264 (Levine)
As Amended August 4, 2014
2/3rd vote
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|ASSEMBLY: | |(May 23, 2014) |SENATE: |36-0 |(August 13, |
| | | | | |2014) |
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(vote not relevant)
Original Committee Reference: HEALTH
SUMMARY : Extends eligibility for reimbursement under the Victim
Compensation Program to cover costs associated with the injury
or death of a guide, signal, or service dog as a result of a
crime, as specified.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Allow a person to apply for compensation, of up to $10,000, to
the California Victim Compensation and Government Claims Board
(VCGCB) when:
a) A person causes injury or death of any guide, signal, or
service dog through the failure or reckless disregard to
exercise control over his or her dog or through his or her
intentional actions; and,
b) The defendant is unable to pay restitution for specified
costs associated with the injury or death of the guide,
signal, or service dog.
2)Extend eligibility criteria for reimbursement from the board
to include the expense of veterinary services, replacement
costs, or other reasonable expenses, as ordered by the court,
incurred when the injury or death of a guide, signal, or
service dog either permitted or intentionally caused by a
person and the defendant is unable to make restitution to the
victim.
EXISTING LAW :
1)Provides that all crime victims have the right to seek and
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secure restitution from the perpetrators of these crimes.
Requires restitution to be ordered in every case without
exception. Requires, when a defendant has been ordered to pay
restitution, all money or property collected from the
defendant to be first applied to satisfy restitution orders.
2)Requires the court to order a defendant to make restitution to
the victim or victims of the defendant's crime, based on the
amount of loss claimed by the victim or victims or any other
showing to the court. Requires the court to 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.
3)Punishes any person to permit any dog owned, harbored, or
controlled by him or her to cause injury to, or the death of,
any guide, signal, or service dog, as defined, as follows:
a) As an infraction by a fine not exceeding $250 if the
injury or death to the dog was caused by the person's
failure to exercise ordinary care in the control of his or
her dog;
b) As a misdemeanor by imprisonment of up to one year, a
fine of between $2,500 and $5,000, or both imprisonment and
the fine if the injury or death of the dog was caused by
the person's reckless disregard in the exercise of control
over his or 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.
4)Authorizes a court to order a person convicted of causing
injury or death to any guide, signal, or service dog to make
restitution to the person who had ownership or custody of the
dog and 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, while the dog
is in the discharge of its duties is guilty of a misdemeanor
and punishable by imprisonment in the county jail up to one
year, a fine not exceeding $10,000, or both.
AS PASSED BY THE ASSEMBLY , this bill required the State
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Department of Public Health (DPH) to negotiate with any
federally recognized tribe for a delegated program under which
the tribe will assume responsibility for carrying out DPH's
duties related to the licensing and regulation of primary care
facilities.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)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.
2)Minor ongoing costs (Special Fund) to the VCGCB to process
additional claims for compensation.
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 unable to provide immediate
compensation, the victim is left unable to obtain funds to care
for the injuries sustained to their dog. This bill would make
the victim 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."
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0004585
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