BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   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).)









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          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  







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            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  







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            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  







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            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:








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          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








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          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:








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               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









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