BILL ANALYSIS Ó
AB 794
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
794 (Linder) - As Amended April 8, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill 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,
AB 794
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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.
FISCAL EFFECT:
Moderate nonreimbursable local costs for incarceration, offset
to a degree by fee revenue, as this type of crime will probably
be added to another criminal charge.
COMMENTS:
1)Background. Current law provides that any person who, with
the intent to inflict serious injury, as defined, 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, 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. Current law also 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.
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2)Purpose. According to the author, "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."
3)Argument in Support: According to the California Mounted
Officers Association (CMOA),
"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
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years in the state prison. The bill was held in Assembly
Public Safety Committee.
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081