BILL NUMBER: AB 794	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2015

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,
 any   a  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   a  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
  who is acting under the direct supervision of a peace
officer  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,   who is acting
under the direct supervision of a peace officer,  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   a  horse being used by,
or a dog under the supervision of, a peace officer in the discharge
or attempted discharge of his or her duties, or a volunteer 
police observer   who is acting under the direct
supervision of a peace officer  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
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 a horse or dog being used
by a peace officer in the discharge or attempted discharge of his or
her duties, or a volunteer  police observer  
who is acting under the direct supervision of a peace officer 
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 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) A defendant convicted of a violation of this section shall be
ordered to make restitution to the agency owning the animal and
employing the peace officer, to a volunteer  police observer
  who is acting under the direct supervision of a peace
officer  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   who is acting under the direct supervision of
a peace officer  for any veterinary bills, replacement costs of
the animal if it is disabled or killed, 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.