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 AB 1824 Page 2 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 AB 1824 Page 3 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 AB 1824 Page 4 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 AB 1824 Page 5 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).) AB 1824 Page 6 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 AB 1824 Page 7 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 AB 1824 Page 8 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 AB 1824 Page 9 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