Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 794


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 amended, 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,begin delete anyend deletebegin insert aend insert 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 bybegin delete anyend deletebegin insert aend insert 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 volunteerbegin delete police observerend deletebegin insert who is acting under the direct supervision of a peace officerend insert 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 bybegin insert,end insert or under the supervision ofbegin insert,end insert a volunteerbegin delete police observer,end deletebegin insert who is acting under the direct supervision of a peace officer,end insert 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:

P2    1

SECTION 1.  

Section 600 of the Penal Code is amended to
2read:

3

600.  

(a) Any person who willfully and maliciously and with
4no legal justification strikes, beats, kicks, cuts, stabs, shoots with
5a firearm, administers any poison or other harmful or stupefying
6substance to, or throws, hurls, or projects at, or places any rock,
7object, or other substance which is used in such a manner as to be
8capable of producing injury and likely to produce injury, on or in
9the path of,begin delete anyend deletebegin insert aend insert horse being used by, or a dog under the
10supervision of, a peace officer in the discharge or attempted
11discharge of his or her duties, or a volunteerbegin delete police observerend deletebegin insert who
12is acting under the direct supervision of a peace officerend insert
in the
13discharge or attempted discharge of his or her assigned volunteer
14duties, is guilty of a public offense. If the injury inflicted is a
15serious injury, as described in subdivision (c), the person shall be
16punished by imprisonment pursuant to subdivision (h) of Section
171170 for 16 months, two or three years, or in a county jail for not
18exceeding one year, or by a fine not exceeding two thousand dollars
P3    1($2,000), or by both a fine and imprisonment. If the injury inflicted
2is not a serious injury, the person shall be punished by
3imprisonment in the county jail for not exceeding one year, or by
4a fine not exceeding one thousand dollars ($1,000), or by both a
5fine and imprisonment.

6(b) Any person who willfully and maliciously and with no legal
7justification interferes with or obstructs a horse or dog being used
8by a peace officer in the discharge or attempted discharge of his
9or her duties, or a volunteerbegin delete police observerend deletebegin insert who is acting under
10the direct supervision of a peace officerend insert
in the discharge or
11attempted discharge of his or her assigned volunteer duties, by
12frightening, teasing, agitating, harassing, or hindering the horse
13or dog shall be punished by imprisonment in a county jail for not
14exceeding one year, or by a fine not exceeding one thousand dollars
15($1,000), or by both a fine and imprisonment.

16(c) Any person who, in violation of this section, and with intent
17to inflict that injury or death, personally causes the death,
18destruction, or serious physical injury including bone fracture, loss
19or impairment of function of any bodily member, wounds requiring
20extensive suturing, or serious crippling, of a horse or dog, shall,
21upon conviction of a felony under this section, in addition and
22consecutive to the punishment prescribed for the felony, be
23punished by an additional term of imprisonment pursuant to
24subdivision (h) of Section 1170 for one year.

25(d) Any person who, in violation of this section, and with the
26intent to inflict that injury, personally causes great bodily injury,
27as defined in Section 12022.7, to any person not an accomplice,
28shall, upon conviction of a felony under this section, in addition
29and consecutive to the punishment prescribed for the felony, be
30punished by an additional term of imprisonment in the state prison
31for two years unless the conduct described in this subdivision is
32an element of any other offense of which the person is convicted
33or receives an enhancement under Section 12022.7.

34(e) A defendant convicted of a violation of this section shall be
35ordered to make restitution to the agency owning the animal and
36employing the peace officer, to a volunteerbegin delete police observerend deletebegin insert who
37is acting under the direct supervision of a peace officerend insert
who is
38using his or her horse or supervising his or her dog in the
39performance of his or her assigned duties, or to the agency that
40provides, or the individual who provides, veterinary health care
P4    1coverage or veterinary care for a horse or dog being used by, or
2under the supervision of, a volunteerbegin delete police observerend deletebegin insert who is acting
3under the direct supervision of a peace officerend insert
for any veterinary
4bills, replacement costs of the animal if it is disabled or killed,
5and, if applicable, the salary of the peace officer for the period of
6time his or her services are lost to the agency.

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SEC. 2.  

No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.



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