Amended in Senate May 31, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1824


Introduced by Assembly Member Chang

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(Coauthors: Assembly Members Baker, Lackey, and Maienschein)

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(Coauthors: Senators Cannella and Fuller)

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February 8, 2016


An act to amend Sections 600.2 and 600.5 of the Penal Code, relating to guide, signal, or service dogs, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1824, as amended, Chang. Guide, signal, or service dogs: injury or death.

Under existing law, it is an infraction or a misdemeanor for any person to permit any dogbegin delete whichend deletebegin insert thatend insert is owned, harbored, or controlled by him or her to cause injurybegin delete toend deletebegin insert to,end insert or the deathbegin delete ofend deletebegin insert of,end insert any guide, signal, or service dog, as defined, while the guide, signal, or service dog is in discharge of its duties. Existing law makes any person who intentionally causes injurybegin delete toend deletebegin insert to,end insert or the deathbegin delete ofend deletebegin insert of,end insert any guide, signal, or service dog, as defined, while the dog is in discharge of its duties, guilty of a misdemeanor.

This bill would delete, from both crimes, the requirement that the guide, signal, or service dog be in discharge of its duties when the injury or death occurs and would make these crimes applicable to the injury or death of dogs that are enrolled in a training school or program for guide, signal, or service dogs, as specified.begin insert The bill would also instead make any person who willfully, knowingly, or recklessly causes injury to, or the death of, any of the specified dogs guilty of a misdemeanor.end insert

Under existing law, if a defendant is convicted of either of these crimes, the defendant is required to make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed, or other reasonable costs deemed appropriate by the court.

This bill would require the defendant, convicted of either crime, to also make restitution to the person for medical or medical-related expenses, or for loss of wages or income, incurred by the person as a direct result of the crime.

Because this bill would expand the scope and penalties of existing crimes, it would impose a state-mandated local program.

Existing law provides for the compensation of victims and derivative victims of certain crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law authorizes the person with a disability in either of the above crimes to apply for compensation by the board in an amount not to exceed $10,000.

By expanding the authorization for the use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 600.2 of the Penal Code is amended to
2read:

3

600.2.  

(a) It is a crime for any person to permit any dogbegin delete whichend delete
4begin insert thatend insert is owned, harbored, or controlled by him or her to cause injury
5to, or the death of, any guide, signal, or service dog, as defined by
6Section 54.1 of the Civil Code.

7(b) A violation of this section is an infraction punishable by a
8 fine not to exceed two hundred fifty dollars ($250) if the injury or
P3    1death to any guide, signal, or service dog is caused by the person’s
2failure to exercise ordinary care in the control of his or her dog.

3(c) A violation of this section is a misdemeanor if the injury or
4death to any guide, signal, or service dog is caused by the person’s
5reckless disregard in the exercise of control over his or her dog,
6under circumstances that constitute such a departure from the
7conduct of a reasonable person as to be incompatible with a proper
8regard for the safety and life of any guide, signal, or service dog.
9A violation of this subdivision shall be punishable by imprisonment
10in a county jail not exceeding one year, or by a fine of not less
11than two thousand five hundred dollars ($2,500) nor more than
12five thousand dollars ($5,000), or both. The court shall consider
13the costs ordered pursuant to subdivision (d) when determining
14the amount of any fines.

15(d) A defendant who is convicted of a violation of this section
16shall be ordered to make restitution to the person with a disability
17who has custody or ownership of the guide, signal, or service dog
18for any veterinary bills and replacement costs of the dog if it is
19disabled or killed, medical or medical-related expenses incurred
20by the person with a disability as a direct result of a violation of
21this section, loss of wages or income incurred by the person with
22a disability as a direct result of a violation of this section, or other
23reasonable costs deemed appropriate by the court. The costs
24ordered pursuant to this subdivision shall be paid prior to any fines.
25The person with the disability may apply for compensation by the
26 California Victim Compensation and Government Claims Board
27pursuant to Chapter 5 (commencing with Section 13950) of Part
284 of Division 3 of Title 2 of the Government Code, in an amount
29not to exceed ten thousand dollars ($10,000).

30(e) For the purpose of this section, a “guide, signal, or service
31dog” also includes a dog enrolled in a training school or program,
32located in this state, for guide, signal, or service dogs.

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SEC. 2.  

Section 600.5 of the Penal Code is amended to read:

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600.5.  

(a) Any person whobegin delete intentionallyend deletebegin insert willfully, knowingly,
35or recklesslyend insert
causes injury to, or the death of, any guide, signal,
36or service dog, as defined by Section 54.1 of the Civil Code, is
37guilty of a misdemeanor, punishable by imprisonment in a county
38jail not exceeding one year, or by a fine not exceeding ten thousand
39dollars ($10,000), or by both a fine and imprisonment. The court
P4    1shall consider the costs ordered pursuant to subdivision (b) when
2determining the amount of any fines.

3(b) A defendant who is convicted of a violation of this section
4shall be ordered to make restitution to the person with a disability
5who has custody or ownership of the dog for any veterinary bills
6and replacement costs of the dog if it is disabled or killed, medical
7or medical-related expenses incurred by the person with a disability
8as a direct result of a violation of this section, loss of wages or
9income incurred by the person with a disability as a direct result
10of a violation of this section, or other reasonable costs deemed
11appropriate by the court. The costs ordered pursuant to this
12subdivision shall be paid prior to any fines. The person with the
13disability may apply for compensation by the California Victim
14Compensation and Government Claims Board pursuant to Chapter
155 (commencing with Section 13950) of Part 4 of Division 3 of
16Title 2 of the Government Code, in an amount not to exceed ten
17thousand dollars ($10,000).

18(c) For the purpose of this section, a “guide, signal, or service
19dog” also includes a dog enrolled in a training school or program,
20located in this state, for guide, signal, or service dogs.

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SEC. 3.  

No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.



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