BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 794|
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THIRD READING
Bill No: AB 794
Author: Linder (R)
Amended: 4/8/15 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/16/15
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 6-0, 6/29/15
AYES: Lara, Beall, Hill, Leyva, Mendoza, Nielsen
NO VOTE RECORDED: Bates
ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for
vote
SUBJECT: Criminal acts against law enforcement animals
SOURCE: California Mounted Officers Association
DIGEST: 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, as specified.
ANALYSIS:
Existing law:
1) Provides that any person who maliciously strikes, beats,
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
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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 of Penal Code for 16 months, two or three years,
or in a county jail for not exceeding one year, or by a fine
not exceeding $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 $1,000, or by
both a fine and imprisonment. (Penal Code § 600(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. (Penal Code § 600(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 (h) of Section 1170 for one year.
(Penal Code § 600(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. (Penal Code §
600(c).)
5) Provides that any person with the intent to inflict that
injury, personally causes great bodily injury to a person not
an accomplice, must, 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. (Penal Code § 600(d).)
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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. (Penal Code § 600(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. (Penal Code § 243(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. (Penal 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 drives, rides, or otherwise uses the animal
when unfit for labor as a criminal offense. (Penal Code §
597(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. (Penal Code § 597(c).)
11)Requires punishment as a felony by imprisonment pursuant to
subdivision (h) of Section 1170, or by a fine of not more
than $20,000, or by both that fine and imprisonment, or
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alternatively, as a misdemeanor by imprisonment in a county
jail for not more than one year, or by a fine of not more
than $20,000, or by both that fine and imprisonment for
violations of Penal Code Section 597(animal cruelty). (Penal
Code § 597(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. (Penal
Code § 597(g).)
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. (Penal Code § 597(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. (Penal Code § 597(h).)
This bill:
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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.
Background
A number of local law enforcement agencies are utilizing
volunteers to act as the agencies' "eyes and ears." For
example, the Riverside County Sheriff's Department has the
Sheriff's Mounted Posse. 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 activity.
Citizen volunteers are not expected to take direct action on any
potential criminal activity. (http://www.
riversidesheriff.org/volunteer/posse.asp.)
The Pasadena Police Department also has a Volunteer Mounted
Unit:
Non-sworn civilian volunteer group that provides a
patrol service in the more remote park areas of the
City, including the Arroyo Seco Park and the Rose Bowl.
The Unit acts as "eyes and ears" for the department by
reporting violations and other circumstances that may be
a threat to public safety.
The Volunteer Mounted Unit was originally formed to
assist at the Rose Bowl in patrolling parking lots
during the 1984 Olympics. It was formalized and adopted
by the Police Department in 1985 when the department
recognized the need for passive patrol in the remote
hiking and riding trail areas not readily accessible by
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patrol units. Since then, Volunteer Mounted Unit members
have donated thousands of hours creating a police
presence and providing an important link between the
department and the community that utilizes the parks.
(http://www.ci.pasadena.ca.us/police/mounted_volunteers/.)
This bill seeks to protect the animals of these Volunteer
Mounted Unit volunteers by making it a crime to harm or harass
these animals. This bill, additionally, expands the restitution
requirements so that a volunteer would be eligible for
restitution.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
Likely minor, if any, state costs (General Fund) for felony
convictions resulting in new commitments to state prison. Data
from the Department of Corrections and Rehabilitation
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
incarceration costs (Local Funds) offset to a degree by fine
revenue for new jail felony and misdemeanor convictions.
SUPPORT: (Verified6/30/15)
California Mounted Officers Association (source)
American Society of the Prevention of Cruelty to Animals
California Association of Highway Patrolmen
California Police Chiefs Association
Peace Officers Research Association of California
Riverside Sheriffs' Association
Sonoma County Board of Supervisors
One individual
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OPPOSITION: (Verified6/30/15)
None received
ARGUMENTS 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.
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove,
Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
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Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Gomez
Prepared by:Jessica Devencenzi / PUB. S. /
6/30/15 14:58:43
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