BILL ANALYSIS Ó
AB 1825
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Date of Hearing: April 27, 2016
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Susan Talamantes Eggman, Chair
AB 1825
(Gordon and Maienschein) - As Introduced February 8, 2016
SUBJECT: Vicious dogs: definition.
SUMMARY: Removes from the definition of "vicious dog" any dog
seized from a dog fighting operation.
EXISTING LAW:
1)Provides for the designation and disposition of certain
categories of dogs as "potentially dangerous" or "vicious"
pursuant to a specified judicial process, requires these
designations to be included in the registration records of the
dog, and places certain restrictions on dogs deemed
potentially dangerous or vicious.
2)Defines "vicious dog" to mean any of the following:
a) Any dog seized pursuant to existing laws governing dog
fighting operations, as specified;
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b) Any dog which, when unprovoked, in an aggressive manner,
inflicts severe injury on or kills a human being; or,
c) Any dog previously determined to be and currently listed
as a "potentially dangerous" dog which, after its owner or
keeper has been notified of this determination, continues
the behavior of a potentially dangerous dog or is
maintained in violation of existing laws governing the
requirements for keeping a potentially dangerous dog, as
specified.
FISCAL EFFECT: None
COMMENTS:
1)Bill Summary. This bill removes from the definition of
"vicious dog" any dog seized from a dog fighting operation.
This bill is sponsored by Best Friends Animal Society.
2)Author's Statement. According to the author, "Under existing
law (Food and Agricultural Code Section 31603), canines seized
in connection with criminal dog fighting convictions are
automatically deemed 'vicious' without any evaluation of the
dog's health, age, behavior, or demeanor before the dog is
labeled. These animals are thus considered legally vicious,
regardless of whether there is any evidence of unprovoked
attacks or infliction of severe injuries (the standards for a
designation for all other dogs). This is often a death
sentence for dogs?
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"AB 1825 would remove the requirement in existing law that
dogs seized in connection with animal fighting cases be
automatically labeled vicious. This will allow all dogs to be
judged by their own health and behavior, and provide
humanitarians and sanctuaries the opportunity to give a dog or
puppy seized as a victim of animal abuse an opportunity to
live a safe and cruelty-free life."
3)Background. Current laws governing potentially dangerous or
vicious dogs, which were established in 1989 following a spate
of dog attacks in California, outline the process for
designating a dog as either potentially dangerous or vicious.
These laws also set forth the requirements that owners must
follow if their dog has been determined to be potentially
dangerous or vicious, which cover matters such as licensure
and vaccination, special licensing or registration fees,
confinement, and notification of animal control departments
if the dog changes location.
In the case of a dog that has been labeled "vicious," existing
law authorizes animal control departments to destroy a vicious
dog under specified conditions, requires a judicial authority
to impose conditions upon ownership, and allows local
jurisdictions to place restrictions on an owner of a vicious
dog. Current law also allows cities or counties to impose
more restrictive programs to control potentially dangerous or
vicious dogs, provided they are not breed-specific (with an
exception for mandatory spay and neuter programs). Violations
of current law governing vicious dogs carry a penalty of up to
$1,000.
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Current law automatically designates any dog seized under
penal code statutes related to dog fighting as a "vicious"
dog, without regard to behavior, background, age or any kind
of evaluation. Dogs seized in such operations often include
dogs kept exclusively for breeding, puppies, and pets that
have been stolen and used as "bait" dogs.
Proponents of this measure note that a stray dog that arrives
at an animal shelter without any known history is not presumed
to pose a risk. The animal would be evaluated by shelter
staff members, who are trained in techniques developed by
animal sheltering professionals. Proponents argue that
victims of animal cruelty that are rescued from dog-fighting
rings should receive these same evaluations, instead of being
automatically labeled as vicious.
According to news reports about dog-fighting operations, many
dogs that are recovered from these conditions are found to be
suitable for adoption. According to proponents, the most
well-known animal fighting victims are the dogs seized on the
property of NFL player Michael Vick. After evaluation, only
one of those 49 dogs was found to be "vicious" and euthanized.
The remaining 48 dogs that were recovered were eventually
adopted or have been managed in sanctuaries. Some have even
become therapy or service dogs. In 2009, in a large-scale
seizure of more than 500 fighting dogs, individual evaluations
were performed and a majority of the dogs were found to be
suitable for placement.
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4)Arguments in Support. Best Friends Animal Society, sponsor of
this bill, writes, "Many dogs seized in connection with animal
fighting do not pose any risk to other dogs or humans and go
on to live healthy, happy lives?California's statute is
inconsistent and outdated, and the mandate does not relate to
the behavior of the individual dogs themselves. AB 1825
repeals this provision and restores local government shelter
discretion for all victims of cruelty."
5)Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
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Best Friends Animal Society [SPONSOR]
American Society for the Prevention of Cruelty to Animals
Bay Area Alliance for Animals
Beagle Freedom Project
California Animal Control Directors Association
California Police Chiefs Association
City and County of San Francisco
City of Sacramento
Human Society of the United States
Kitty Bungalow Charm School for Wayward Cats
Latino Alliance for Animal Care Coalition
LIUNA Locals 777 & 792
Living Free Animal Sanctuary
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New Leash on Life
Old Yeller Ranch Rescue
Palm Springs Animal Shelter
San Diego Humane Society
San Francisco SPCA
San Luis Obispo County Health Agency, Animal Services Division
Santa Barbara County Board of Supervisors
Santa Clara County Board of Supervisors
Sea World
Shadow's Fund
Stockton Animal Services
The Pet Care Foundation
The Peter Zippi Fund for Animals
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Ventura County Board of Supervisors
Woods Humane Society
Opposition
None on file
Analysis Prepared by:Angela Mapp / L. GOV. / (916) 319-3958