BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1824|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 1824
Author: Chang (R), et al.
Amended: 8/1/16 in Senate
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/21/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 4/14/16 (Consent) - See last page for
vote
SUBJECT: Guide, signal, or service dogs: injury or death
SOURCE: California Council of the Blind
DIGEST: This bill expands the situations in which an individual
can be charged with causing injury to, or the death of, any
guide, signal, or service dog.
ANALYSIS:
Existing law:
1)Defines "guide dog" as any guide dog that was trained by a
licensed person, as specified. (Civil Code §54.1 (6)(C)(i).)
2)Defines a "signal dog" as any dog trained to alert an
individual who is deaf or hearing impaired to intruders or
sounds. (Civil Code § 54.1 (6)(C)(ii).)
AB 1824
Page 2
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 (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: (Penal Code § 600.2 (a).)
5)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; (Penal Code § 600.2
(b).)
6)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 (Penal Code § 600.2
(c).)
7)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 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
AB 1824
Page 3
not to exceed ten thousand dollars ($10,000). (Penal Code §
600.2 (d).)
8)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: (Penal Code § 600.5, subd. (a).)
9)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
(Penal Code § 600.5 (b).)
10)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). (Penal Code
§600.5 (b).)
11)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
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.
(Penal Code § 600 (a).)
12)States that any person who willfully and maliciously
interferes with, or obstructs, any horse or dog being used by
AB 1824
Page 4
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).)
13)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. (Penal Code §600 (c).)
14)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).)
15)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. . (Penal Code § 600 (d).)
16)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).)
17)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.)
18)Specifies that when a person overdrives, overloads, drives
when overloaded, overworks, tortures, torments, deprives of
AB 1824
Page 5
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).)
19)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. (Penal Code § 597 (d).)
20)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).)
21)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).)
This bill:
AB 1824
Page 6
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 that the person willfully, knowingly or recklessly
cause injury or death to a guide, signal or service dog is
guilty of misdemeanor.
3)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.
Background
There is a high cost if a guide dog must be retired due to
attacks by people and/or their unleashed dogs. 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 years.
Existing law makes it a wobblette for any person to permit any
dog to attack a guide dog and a misdemeanor for any person to
intentionally cause injury or death to a guide dog. This bill
deletes the requirement from both provisions that the dog be in
the discharge of the duties at the time of the injury or death.
It also provides that to be convicted of the misdemeanor the
person must willfully, knowingly or recklessly cause the injury
or death of the dog. It also provides that restitution includes
medical or medical-related expenses or lost wages that are a
direct result of a violation
FISCAL EFFECT: Appropriation: Yes Fiscal
Com.:YesLocal: Yes
AB 1824
Page 7
SUPPORT: (Verified8/2/16)
California Council of the Blind (source)
Canine Companions for Independence
Guide Dogs of Texas, Inc.
California State Board of Guide Dogs for the Blind
State Humane Association of California
Two individuals
OPPOSITION: (Verified8/2/16)
American Civil Liberties Union
ARGUMENTS 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."
ARGUMENTS IN OPPOSITION: The ACLU opposes this bill stating:
AB 1824
Page 8
Under existing law, and under the prior version of AB
1824, in order to convict a person of a violation of
Penal Code section 600.5 (causing injury or death to a
guide, signal, or service dog) the person must
"intentionally" cause the injury or death. (Penal Code
§600.5, subd. (a).) The existing standard is the
appropriate mens rea standard for this offense. It
requires the prosecution to show that the defendant
engaged in the prohibited conduct with the conscious
objective to cause the injury to death to a service dog.
Consistent with due process principle, this standard
helps to ensure that people are punished for such
conduct only when they intend to do harm. As amended, AB
1824 would provide that a person need only "willfully,
knowingly, or recklessly" act, in order to be convicted
of a misdemeanor. One can image a situation where a
driver acts recklessly and hits a service dog that run
into the street. While the driver's conduct is certainly
troubling, such conduct should not rise to a level of
criminality when the person had no intent harm the dog
and may have had no idea the dog was a service animal.
Lowering the mens rea standard unnecessarily erodes
protections for criminal defendants and is not
appropriate for the offense at hand.
ASSEMBLY FLOOR: 76-0, 4/14/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,
Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Lackey,
Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty,
Medina, Mullin, Obernolte, O'Donnell, Olsen, Patterson, Quirk,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,
Wood, Rendon
NO VOTE RECORDED: Irwin, Levine, Melendez, Nazarian
Prepared by:Mary Kennedy / PUB. S. /
8/3/16 18:31:55
AB 1824
Page 9
**** END ****