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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