BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1824


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1824 (Chang)


          As Amended  August 1, 2016


          2/3 vote


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          |ASSEMBLY:  |76-0  |(April 14,     |SENATE: |36-0  |(August 18,      |
          |           |      |2016)          |        |      |2016)            |
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          |           |      |               |        |      |                 |
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          Original Committee Reference:  PUB. S.


          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.   


          The Senate amendments:


          1)Revise the intent requirement from intentionally causing  
            injury to, or the death of, any of the specified dogs, to  
            willfully, knowingly, or recklessly causing injury to, or the  
            death of, any of the specified dogs.
          2)Make a violation of the sections in this bill punishable as a  
            misdemeanor only, rather than an infraction or misdemeanor.


          3)Change reference to the California Victim Compensation and  
            Government Claims Board to the California Victim Compensation  








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            Board.


          EXISTING LAW:  


          1)Defines "guide dog" as any guide dog that was trained by a  
            licensed person, as specified.  
          2)Defines a "signal dog" as any dog trained to alert an  
            individual who is deaf or hearing impaired to intruders or  
            sounds.  


          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.  


          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:    


             a)   Provides that a violation of this section is an  
               infraction punishable by a fine not to exceed $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;  
             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 $2,500 nor more  
               than $5,000, or both.  The court shall consider the costs  








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               ordered when determining the amount of any fines; and 


             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  
               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 $10,000. 


          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 $10,000, or by both a fine  
            and imprisonment.  The court shall consider the costs ordered  
            when determining the amount of any fines:  
             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 
             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 $10,000.  


          AS PASSED BY THE ASSEMBLY, this bill:


          1)Deleted, specified crimes against guide, signal, or service  








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            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)Required 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.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8 negligible state costs.


          COMMENTS:  "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." 


          Please see the policy committee analysis for a full discussion  
                          of this bill.


          Analysis Prepared by:                                             
                          Gabriel Caswell / PUB. S. / (916) 319-3744  FN:  
          0003714









                                                                    AB 1824


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