BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 794 (Linder) - Criminal acts against law enforcement animals
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|Version: April 8, 2015 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: June 29, 2015 |Consultant: Jolie Onodera |
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This bill does not meet the criteria for referral to the
Suspense File.
Bill
Summary: AB 794 would expand the criminal acts against animals
used by, or under the supervision of, a peace officer to include
offenses against animals used by volunteers acting under the
direct supervision of a peace officer, as specified.
Fiscal
Impact:
Likely minor, if any, state costs (General Fund) for felony
convictions resulting in new commitments to state prison. Data
from the CDCR indicates only two commitments to state prison
over the past four years for this offense against animals used
by peace officers. Violations against animals used by
volunteers acting under the supervision of a peace officer are
estimated to be even less likely.
Potential increase in non-reimbursable local enforcement and
AB 794 (Linder) Page 1 of
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incarceration costs (Local Funds) offset to a degree by fine
revenue for new jail felony and misdemeanor convictions.
Background: Existing law makes it a crime to willfully and maliciously and
with no legal justification injure 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. If the injury
inflicted is a serious injury, as defined, a person is subject
to imprisonment in county jail (or state prison if the defendant
has a prior serious or violent felony conviction) for 16 months,
two or three years, or in a county jail for up to one year, a
fine of up to $2,000, or both the fine and imprisonment. If the
injury is not a serious injury, the person is subject to
imprisonment in county jail for up to one year, or by a fine of
up to $1,000, or by both the fine and imprisonment. (Penal Code
(PC) § 600(a).)
Existing law also makes it a crime punishable by imprisonment in
a county jail 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 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. (PC § 600(b).)
Under existing law, a defendant convicted of a violation of PC §
600 is required 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. (PC § 600(e).)
This bill seeks to extend similar protections to animals used by
volunteers acting under the direct supervision of a peace
officer, as specified.
Proposed Law:
This bill would extend the criminal acts pursuant to PC § 600
AB 794 (Linder) Page 2 of
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against animals used by, or under the supervision of, a peace
officer, to include similar offenses against animals used by 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.
Additionally, this bill expands the restitution requirements for
defendants convicted of those offenses to include restitution to
a volunteer 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 individual or agency that provides veterinary health care
coverage or veterinary care for 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 for any veterinary bills
or replacement costs of the animal if it is disabled or killed.
Prior
Legislation: AB 667 (Smyth) 2007 would have increased the
penalties for willfully and maliciously injuring a horse or dog
used by a peace officer in his or her duties, as specified. This
bill was referred to but not heard in the Assembly Committee on
Public Safety.
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