BILL ANALYSIS Ó
AB 1824
Page 1
GOVERNOR'S VETO
AB
1824 (Chang)
As Enrolled August 30, 2016
2/3 vote
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|ASSEMBLY: |76-0 |(April 14, |SENATE: |36-0 |(August 18, |
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|ASSEMBLY: |80-0 |(August 23, | | | |
| | |2016) | | | |
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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.
AB 1824
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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
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
AB 1824
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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
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,
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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
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.
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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.
GOVERNOR'S VETO MESSAGE:
This bill expands the definition of "guide, signal or service
dog" and lowers the standard for convicting an individual who
causes injury or death to such a dog. The bill also adds an
owner's medical bills and lost wages to the existing list of
recoverable restitution costs.
Lowering the mens rea standard for one of the misdemeanors
covered by this measure expands the scope of the current penal
code which already is convoluted and unnecessarily complex. I
believe that existing law provides an adequate deterrent and
sufficient punishment.
AB 1824
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Analysis Prepared by:
Gabriel Caswell / PUB. S. / (916) 319-3744 FN:
0005081