BILL NUMBER: AB 794	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Linder

                        FEBRUARY 25, 2015

   An act to amend Section 600 of the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 794, as introduced, Linder. Criminal acts against law
enforcement animals.
   Existing law makes it a crime punishable by a fine or
imprisonment, or both, to willfully and maliciously and with no legal
justification strike, beat, kick, cut, stab, shoot with a firearm,
administer any poison or other harmful or stupefying substance to, or
throw, hurl, or project at, or place any rock, object, or other
substance which is used in such a manner as to be capable of
producing injury and likely to produce injury, on or in the path of,
any horse being used by, or any dog under the supervision of, any
peace officer in the discharge or attempted discharge of his or her
duties. Existing law also makes it a crime punishable by imprisonment
in a county jail for not exceeding one year, or by a fine not
exceeding $1,000, or by both a fine and imprisonment, to willfully
and maliciously and with no legal justification interfere with or
obstruct a horse or dog being used by any peace officer in the
discharge or attempted discharge of his or her duties by frightening,
teasing, agitating, harassing, or hindering the horse or dog.
Existing law requires a person who is convicted of a crime pursuant
to these provisions to make restitution to the agency owning the
animal and employing the peace officer for any veterinary bills,
replacement costs of the animal if it is disabled or killed, and the
salary of the peace officer for the period of time his or her
services are lost to the agency.
   This bill would additionally make those crimes applicable when
those acts are carried out against a horse or dog being used by, or
under the supervision of, a volunteer police observer in the
discharge or attempted discharge of his or her assigned volunteer
duties. The bill would also require a defendant convicted of those
acts to pay restitution for a horse or dog that is used by or under
the supervision of a volunteer police observer, as specified. By
expanding the scope of existing crimes, the bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 600 of the Penal Code is amended to read:
   600.  (a) Any person who willfully and maliciously and with no
legal justification strikes, beats, kicks, cuts, stabs, shoots with a
firearm, administers any poison or other harmful or stupefying
substance to, or throws, hurls, or projects at, or places any rock,
object, or other substance which is used in such a manner as to be
capable of producing injury and likely to produce injury, on or in
the path of, any horse being used by, or  any  
a  dog under the supervision of,  any   a
 peace officer in the discharge or attempted discharge of his or
her duties,  or a volunteer police observer in the discharge or
attempted discharge of his or her assigned volunteer duties,  is
guilty of a public offense. If the injury inflicted is a serious
injury, as  defined   described  in
subdivision (c), the person shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 for 16 months, two or
three years, or in a county jail for not exceeding one year, or by a
fine not exceeding two thousand dollars ($2,000), or by both a fine
and imprisonment. If the injury inflicted is not a serious injury,
the person shall be punished by imprisonment in the county jail for
not exceeding one year, or by a fine not exceeding one thousand
dollars ($1,000), or by both a fine and imprisonment.
   (b) Any person who willfully and maliciously and with no legal
justification interferes with or obstructs  any 
 a  horse or dog being used by  any   a
 peace officer in the discharge or attempted discharge of his
or her duties  , or a volunteer police observer in the discharge
or attempted discharge of his or her assigned volunteer duties, 
by frightening, teasing, agitating, harassing, or hindering the
horse or dog shall be punished by imprisonment in a county jail for
not exceeding one year, or by a fine not exceeding one thousand
dollars ($1,000), or by both a fine and imprisonment.
   (c) Any person who, in violation of this section, and with intent
to inflict that injury or death, personally causes the death,
destruction, or serious physical injury including bone fracture, loss
or impairment of function of any bodily member, wounds requiring
extensive suturing, or serious crippling, of  any 
 a  horse or dog, shall, upon conviction of a felony under
this section, in addition and consecutive to the punishment
prescribed for the felony, be punished by an additional term of
imprisonment pursuant to subdivision (h) of Section 1170 for one
year.
   (d) Any person who, in violation of this section, and with the
intent to inflict that injury, personally causes great bodily injury,
as defined in Section 12022.7, to any person not an accomplice,
shall, upon conviction of a felony under this section, in addition
and consecutive to the punishment prescribed for the felony, be
punished by an additional term of imprisonment in the state prison
for two years unless the conduct described in this subdivision is an
element of any other offense of which the person is convicted or
receives an enhancement under Section 12022.7.
   (e)  In any case in which a   A 
defendant  is  convicted of a violation of this
section  , the defendant  shall be ordered to make
restitution to the agency owning the animal and employing the peace
 officer   o   fficer, to a volunteer
police observer who is using his or her horse or supervising his or
her dog in the performance of his or her assigned duties, or to the
agency that provides, or the individual who provides, veterinary
health care coverage or veterinary care for a horse or dog being used
by, or under the supervision of, a volunteer police observer 
for any veterinary bills, replacement costs of the animal if it is
disabled or killed,  and   and, if applicable,
 the salary of the peace officer for the period of time his or
her services are lost to the agency.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.