BILL ANALYSIS Ó AB 2264 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2264 (Levine) As Amended August 4, 2014 2/3rd vote ----------------------------------------------------------------- |ASSEMBLY: | |(May 23, 2014) |SENATE: |36-0 |(August 13, | | | | | | |2014) | ----------------------------------------------------------------- (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 AB 2264 Page 2 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 AB 2264 Page 3 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 AB 2264 Page 4