BILL ANALYSIS Ó
AB 794
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Date of Hearing: April 14, 2015
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
794 (Linder) - As Amended April 8, 2015
SUMMARY: Expands criminal acts against law enforcement animals
to include offenses against animals used by volunteers acting
under the direct supervision of a peace officer. Specifically,
this bill:
1)Expands crimes against law enforcement animals to include acts
carried out against a horse or dog being used by, or under the
supervision of, a volunteer who is acting under the direct
supervision of a peace officer in the discharge or attempted
discharge of his or her assigned volunteer duties.
2)Expands the restitution requirements for defendants convicted
of those acts to include a volunteer who is acting under the
direct supervision of a peace officer using their own horse or
dog. In such a case, the defendant would be required to make
restitution to the volunteer, or the agency that provides, or
individual that provides, veterinary care for the horse or
dog.
EXISTING LAW:
1)Provides that any person who maliciously strikes, beats,
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kicks, stabs, shoots, or throws, hurls, or projects any rock
or object at any horse being used by a peace officer, or any
dog being supervised by a peace officer in the performance of
his or her duties is a public offense. If the injury
inflicted is a serious injury, as specified, 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, 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, or by both a fine and imprisonment. (Pen. Code, §
600, subd. (a).)
2)States that any person who willfully and maliciously
interferes with, or obstructs, any horse or dog being used by
a peace officer or any dog being supervised by a peace officer
in the performance of his or her duties by frightening,
teasing, agitating, harassing, or hindering the horse or dog
shall be punished by imprisonment in a county jail not
exceeding one year; by a fine not exceeding $1,000; or by
both. (Pen. Code, § 600, subd. (b).)
3)Provides that any person who, with the intent to inflict
serious injury or death, personally causes the death,
destruction, or serious physical injury of a horse or dog
being used by, or under the direction of, a peace officer
shall, 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 9h) of Section 1170 for one year.
(Pen. Code, § 600, subd. (c).)
4)Defines "serious injury" to include bone fracture, loss or
impairment of function of any bodily member, wounds requiring
extensive suturing, or serious crippling. (Pen. Code, § 600,
subd. (c).)
5)Provides that any person with the intent to inflict that
injury, personally causes great bodily injury to a person not
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an accomplice, shall, upon conviction of a felony under this
section, in addition and consecutive, be punished by an
additional term of imprisonment in the state prison for two
years unless the conduct can be punished under Penal Code
section 12022.7 or it is an element of a separate offense for
which the person is convicted. . (Pen. Code, § 600, subd.
(d).)
6)Requires the defendant 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.
(Pen. Code, § 600, subd. (e).)
7)Provides that when battery is committed against any person,
including a peace officer and serious bodily injury is
inflicted on the person, the battery is punishable by
imprisonment in the state prison for two, three, or four years
or by imprisonment in a county jail not exceeding one year.
(Pen. Code, § 243, subd. (d).)
8)Specifies the actions of a person who maliciously and
intentionally maims, mutilates, tortures, or wounds a living
animal, or maliciously and intentionally kills an animal as a
criminal offense. (Pen. Code, § 597.)
9)Specifies when a person overdrives, overloads, drives when
overloaded, overworks, tortures, torments, deprives of
necessary sustenance, drink, or shelter, cruelly beats,
mutilates, or cruelly kills any animal, or causes or procures
any animal to be so overdriven, overloaded, driven when
overloaded, overworked, tortured, tormented, deprived of
necessary sustenance, drink, shelter, or to be cruelly beaten,
mutilated, or cruelly killed; and whoever, having the charge
or custody of any animal, either as owner or otherwise,
subjects any animal to needless suffering, or inflicts
unnecessary cruelty upon the animal, or in any manner abuses
any animal, or fails to provide the animal with proper food,
drink, or shelter or protection from the weather, or who
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drives, rides, or otherwise uses the animal when unfit for
labor as a criminal offense. (Pen. Code, § 597, subd. (b).)
10)Specifies the actions of a person who maliciously and
intentionally maims, mutilates, or tortures any mammal, bird,
reptile, amphibian, or fish, as specified as a criminal
offense. (Pen. Code, § 597, subd. (c).)
11)Requires punishment as a felony by imprisonment pursuant to
subdivision (h) of Section 1170, or by a fine of not more than
twenty thousand dollars ($20,000), or by both that fine and
imprisonment, or alternatively, as a misdemeanor by
imprisonment in a county jail for not more than one year, or
by a fine of not more than twenty thousand dollars ($20,000),
or by both that fine and imprisonment for violations of Penal
Code section 597(animal cruelty). (Pen. Code, § 597, subd.
(d).)
12) Specifies that upon the conviction of a person charged with
a violation of this section by causing or permitting an act of
cruelty, as specified, all animals lawfully seized and
impounded with respect to the violation by a peace officer,
officer of a humane society, or officer of a pound or animal
regulation department of a public agency shall be adjudged by
the court to be forfeited and shall thereupon be awarded to
the impounding officer for proper disposition. A person
convicted of a violation of this section by causing or
permitting an act of cruelty, as specified, shall be liable to
the impounding officer for all costs of impoundment from the
time of seizure to the time of proper disposition. (Pen. Code,
§ 597, subd. (g).)
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13) Specifies that mandatory seizure or impoundment shall not
apply to animals in properly conducted scientific experiments
or investigations performed under the authority of the faculty
of a regularly incorporated medical college or university of
this state. (Pen. Code, § 597, subd. (g).)
14)Requires that if a defendant is granted probation for a
conviction animal cruelty, the court shall order the defendant
to pay for, and successfully complete, counseling, as
determined by the court, designed to evaluate and treat
behavior or conduct disorders. If the court finds that the
defendant is financially unable to pay for that counseling,
the court may develop a sliding fee schedule based upon the
defendant's ability to pay. The counseling shall be in
addition to any other terms and conditions of probation,
including any term of imprisonment and any fine. If the court
does not order custody as a condition of probation for a
conviction under this section, the court shall specify on the
court record the reason or reasons for not ordering custody.
This does not apply to cases involving police dogs or horses
as described in Section 600. (Pen. Code, § 597, subd. (h).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "In Penal Code
600, it is an offense to willfully, maliciously harm, injure,
obstruct, or interfere with a horse or a dog under the
supervision of a law enforcement officer in the discharge of
official duties. These violations are punishable by a fine
and/or imprisonment. Punishment depends on the seriousness of
the injury to the animal. Upon conviction, a defendant must
also pay restitution for damages. Unfortunately, Penal Code
600 only covers animals that are directly being used by an
employed peace officer.
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"AB 794 would add to Penal Code section 600, to additionally
include animals that are being used by volunteer peace
officers. With budgets being stretched at the local level and
efforts being made to engage with citizens, many counties are
creating more volunteer opportunities to work with law
enforcement. For many years Riverside County has worked with
locals in Norco to take advantage of their love of horses by
having the Mounted Posse. These volunteers serve the region
by observing and reporting directly to the Sheriff's office.
While the volunteers themselves are protected from harm under
state, their horses are not. AB 794 will ensure that those
who volunteer to help protect their communities will also have
protections for their animals afforded to law enforcement
animals."
2)Riverside County Sheriff's Department Citizen Volunteers:
Riverside County Sheriff's Department allows citizens to
volunteer their time in a variety of ways. Among those
volunteers, are a group called the Sheriff's Mounted Posse.
The citizen volunteers that participated in the mounted posse
must meet the following requirements:
Volunteers must be 18 years of age. Be a citizen of the United
States of America or a legal resident with a citizen application
in process, pass a basic background investigation and be in
reasonable health and physically able to perform the duties
required of a Mounted Posse members. Riding members must own, or
have reasonable access to and satisfactorily maintain an equine
in good condition and sound health. Riding members must also own
or have reasonable access to a truck and horse trailer. Ground
support members need not own a horse or trailer, but should be
able to meet the physical requirements of their duties.
Mounted citizen volunteers provide assistance to law
enforcement in Riverside County by being "eyes and ears."
They do not have the powers or authority vested in peace
officers. Citizen volunteers are directed to contact law
enforcement if they witness a crime or suspicious. Citizen
volunteers are not expected to take direct action on any
potential criminal activity.
http://www.riversidesheriff.org/volunteer/posse.asp
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3)Argument in Support: According to the California Mounted
Officers Association (CMOA), "The CMOA Board of Directors, who
represent over 250 CMOA members who are comprised of mounted
law enforcement personnel and mounted law enforcement
volunteers, whole heartedly support and sponsor AB-794.
"The CMOA recognizes that under the current law of Penal Code
600, law enforcement volunteers and their mounts do not have
any protection. Also currently, law enforcement personnel
cannot take any legal action in regard to someone who would
assault the mount of a mounted law enforcement volunteer.
"CMOA understands the dedication, time, personal expense, and
providing their own mounts that law enforcement mounted
volunteers give to their communities across the state every
day. AB-794 helps protect these dedicated volunteers and
their mounts who provide volunteer service to their
communities. AB-794 will also allow law enforcement to
enforce the new amended PC 600."
4)Prior Legislation: AB 667 (Smyth), of the 2007-2008
legislative session, would have increased the punishment for
violation of Penal Code section 600 to two, three, or four
years in the state prison. The bill was held in Assembly
Public Safety Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Mounted Officers Association
American Society of the Prevention of Cruelty to Animals
California Association of Highway Patrolmen
Peace Officers Research Association of California
Opposition
None
Analysis Prepared
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by: David Billingsley / PUB. S. / (916) 319-3744