BILL ANALYSIS Ó
AB 2264
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CONCURRENCE IN SENATE AMENDMENTS
AB 2264 (Levine)
As Amended August 4, 2014
2/3 vote
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|ASSEMBLY: | |(May 23, 2014) |SENATE: |36-0 |(August 13, 2014) |
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(vote not relevant)
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|COMMITTEE VOTE: |7-0 |(August 26, 2014) |RECOMMENDATION: | concur |
|(Pub. S.) | | | | |
| | | | | |
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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.
AB 2264
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EXISTING LAW :
1)Provides that all crime victims have the right to seek and 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.
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AS PASSED BY THE ASSEMBLY , this bill required the State 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:
0005483
AB 2264
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