BILL ANALYSIS Ó
AB 1824
Page 1
Date of Hearing: March 15, 2016
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
1824 (Chang) - As Introduced February 8, 2016
SUMMARY: Expands the situations in which an individual can be
charged with causing injury to, or the death of, any guide,
signal, or service dog. Specifically, this bill:
1)Deletes, specified crimes against guide, signal, or service
dogs, the requirement that the 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.
2)Requires 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.
EXISTING LAW:
1)Defines "guide dog" as any guide dog that was trained by a
licensed person, as specified. (Cal. Civ. Code § 54.1, subd.
(6)(C)(i).)
2)Defines a "signal dog" as any dog trained to alert an
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individual who is deaf or hearing impaired to intruders or
sounds. (Civil Code § 54.1, subd. (6)(C)(ii).)
3)Defines a "service dog" as any dog individually trained to the
requirements of the individual with a disability including,
but not limited to, minimal protection work, rescue work,
pulling a wheelchair, or fetching dropped items. (Civil Code
§ 54.1. subd. (6)(C)(iii).)
4)Provides that it is a crime for any person to permit any dog
which is owned, harbored, or controlled by him or her to cause
injury to or the death of any guide, signal, or service dog,
while the guide, signal, or service dog is in discharge of its
duties: (Pen. Code § 600.2, subd. (a).)
a) Provides that a violation of this section is an
infraction punishable by a fine not to exceed two hundred
fifty dollars ($250) if the injury or death to any guide,
signal, or service dog is caused by the person's failure to
exercise ordinary care in the control of his or her dog;
(Pen. Code § 600.2, subd. (b).)
b) Provides that a violation of this section is a
misdemeanor if the injury or death to any guide, signal, or
service dog is caused by the person's reckless disregard in
the exercise of control over his or her dog, under
circumstances that constitute such a departure from the
conduct of a reasonable person as to be incompatible with a
proper regard for the safety and life of any guide, signal,
or service dog. A violation of this subdivision shall be
punishable by imprisonment in a county jail not exceeding
one year, or by a fine of not less than two thousand five
hundred dollars ($2,500) nor more than five thousand
dollars ($5,000), or both. The court shall consider the
costs ordered when determining the amount of any fines; and
(Pen. Code § 600.2, subd. (c).)
c) Provides that in any case in which a defendant is
convicted of a violation of this section, the defendant
shall be ordered to make restitution to the person with a
disability who has custody or ownership of the guide,
signal, or service dog for any veterinary bills and
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replacement costs of the dog if it is disabled or killed,
or other reasonable costs deemed appropriate by the court.
The costs ordered pursuant to this subdivision shall be
paid prior to any fines. The person with the disability
may apply for compensation by the California Victim
Compensation and Government Claims Board, in an amount not
to exceed ten thousand dollars ($10,000). (Pen. Code §
600.2, subd. (d).)
5)Specifies that any person who intentionally causes injury to
or the death of any guide, signal, or service dog, while the
dog is in discharge of its duties, is guilty of a misdemeanor,
punishable by imprisonment in a county jail not exceeding one
year, or by a fine not exceeding ten thousand dollars
($10,000), or by both a fine and imprisonment. The court
shall consider the costs ordered when determining the amount
of any fines: (Pen. Code § 600.5, subd. (a).)
a) Provides for any case in which a defendant is convicted
of a violation of this section, the defendant shall be
ordered 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; and (Pen. Code § 600.5, subd. (b).)
b) Provides the costs ordered pursuant to this subdivision
shall be paid prior to any fines. The person with the
disability may apply for compensation by the California
Victim Compensation and Government Claims Board pursuant to
Chapter 5 in an amount not to exceed ten thousand dollars
($10,000). (Pen. Code § 600.5, subd. (b).)
6)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
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 for 16 months, two or three years,
or in a county jail for not exceeding one year, or by a fine
not exceeding two thousand dollars, or by both a fine and
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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 one thousand dollars, or by both a fine and
imprisonment. (Pen. Code, § 600, subd. (a).)
7)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. (Pen. Code, § 600, subd. (b).)
8)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 for one year. (Pen. Code, § 600, subd. (c).)
9)Defines "serious injury" to include "bone fracture, loss or
impairment of function of any bodily member, wounds requiring
extensive suturing, or serious crippling." (Pen. Code, § 600,
subd. (c).)
10)Provides that any person with the intent to inflict that
injury, personally causes great bodily injury to a person not
an accomplice, shall, 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. . (Pen. Code, § 600, subd.
(d).)
11)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
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disabled or killed, and the salary of the peace officer for
the period of time his or her services are lost to the agency.
(Pen. Code, § 600, subd. (e).)
12)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.
(Pen. Code, § 243, subd. (d).)
13)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. (Pen. Code, § 597.)
14)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. (Pen. Code, § 597, subd. (b).)
15)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. (Pen. Code, § 597, subd. (c).)
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16)Requires punishment as a felony by, or by a fine of not more
than twenty thousand dollars ($20,000), or by both that fine
and imprisonment, or alternatively, as a misdemeanor by
imprisonment in a county jail for not more than one year, or
by a fine of not more than twenty thousand dollars ($20,000),
or by both that fine and imprisonment for violations of animal
cruelty. (Pen. Code, § 597, subd. (d).)
17) 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. (Pen.
Code, § 597, subd. (g).)
18) 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. (Pen. Code, § 597, subd. (g).)
19)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
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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. (Pen. Code, § 597, subd. (h).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "California took
a positive step forward when they adopted legislation to make
it a crime to attack a service dog while in performance of its
duties. Unfortunately, there are still situations that leave
guide dogs and their owners vulnerable. AB 1824 will make it
a crime to attack a service dog regardless of if it is in
discharge of its duties. These animals go beyond monetary
value by providing a service which countless members of the
disabled community depend on. Without the aid of these
animals, the independence of their owners is put on hold.
Members of the disabled community are likely to miss work or
even get injured while trying to get through their day to day
life without their service animal. For this purpose, my
legislation will also enable victims to receive restitution
for any lost wages or medical expenses incurred while they are
without the service of their dog."
2)The Cost of Injury to Guide and Service Dog: If a guide dog
must be retired due to attacks by people and/or their
unleashed dogs, the cost, in both economic and human terms, is
significant. According to The Seeing Eye, which provides
specially bred and trained dog guides for blind persons, it
costs $50,000 to breed, raise, and train a dog. It takes
approximately 18 months to adequately train a seeing eye dog,
followed by an additional month with the disabled person to
which they will be paired; the program provides a blind person
with airfare, room and board for four weeks, during the course
of instruction, as well as the dog's equipment; and provide
follow-up services for life. A dog will work on average eight
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years. Guide Dog Users, Inc., states, "To disrupt the working
life of a trained dog guide because a pet owner did not
control its dog is a shameful waste."
The Legislator's Handbook written by Guide Dog Users, Inc.,
also states, "Imagine the hurt and rage, the sorrow and
frustration at the needless waste when a working dog is
changed into a being that cowers and trembles when it?sees
another dog and that brings back that fearful, awful moment
when, from out of nowhere, it was attacked by a loose dog.
Imagine fear so strong that the dog finds it impossible to
work for the [person with a disability] to whom it has
lovingly and selflessly devoted its life. Imagine all the
emotions felt by the handler as they try to rescue the dog.
The handler cannot describe the attacking dog, can only stand
alone, angry and afraid, soon realizing that no one will come
forward to testify to what has happened. Every year, [our]
members contact us with versions of this tale of horror and
needless waste and pain."
3)Argument in Support: According to the California Council of
the Blind, "Under existing law, it is an infraction or a
misdemeanor for any person to permit any dog which is owned,
harbored, or controlled by him or her to cause injury to or
the death of any guide, signal, or service dog while the dog
is not engaged in these duties. Under these circumstances, it
is very difficult for guide, signal, or service dog users to
recover the costs incurred due to these attacks. This bill
would expand these provisions by eliminating the requirements
that the guide, signal, or service dog be in discharge of its
duties, thus allowing recovery in those situations.
"Existing law requires a person convicted of these crimes to
make restitution for specified costs incurred by the handler
of the guide, signal, or service dog. This bill would expand
these restitution provisions to cover medical or
medical-related expenses and loss of wages or income."
4)Prior Legislation: AB 2264 (Levine), Statutes of 2014,
Chapter 502, allowed a person with a disability who has
ownership or custody of a guide, signal, or service dog that
has been injured or killed due to the intentional actions of
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another individual, as specified, to seek reimbursement from
the board for veterinary bills, replacement costs, or other
costs deemed reasonable by the court, if the defendant is
unable to pay restitution.
REGISTERED SUPPORT / OPPOSITION:
Support
California Council of the Blind
Opposition
None
Analysis Prepared
by: Gabriel Caswell / PUB. S. / (916) 319-3744