BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                       AB 1825|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  AB 1825
          Author:   Gordon (D) and Maienschein (R), et al.
          Introduced:2/8/16  
          Vote:     21 

           SENATE JUDICIARY COMMITTEE:  7-0, 6/21/16
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           ASSEMBLY FLOOR:  75-0, 5/9/16 - See last page for vote

           SUBJECT:   Vicious dogs:  definition


          SOURCE:    Best Friends Animal Society

          DIGEST:   This bill deletes from the definition of vicious dog  
          "a dog seized under criminal laws prohibiting dog-fighting whose  
          owner has been convicted of a crime related to dog-fighting."


          ANALYSIS:  


          Existing law: 


          1)Provides legislative findings and declarations related to the  
            statewide public health and safety problems of potentially  
            dangerous and vicious dogs, which requires statewide  
            regulation. (Food & Agr. Code sec. 31601.)










                                                                    AB 1825  
                                                                    Page  2


          2)Defines a "vicious dog" to mean any of the following: 


                 A dog seized under criminal laws prohibiting  
               dog-fighting whose owner has been convicted of a crime  
               related to dog-fighting; 


                 Any dog which, when unprovoked, inflicts severe injury  
               on or kills a human being in an aggressive manner; and


                 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. (Food & Agr. Code sec. 31601.)


          1)Provides that cities and counties are authorized to create  
            their own programs for the control of potentially dangerous or  
            vicious dogs, and they are not required to incorporate any of  
            the relevant chapter (including the provisions above) in that  
            local program. (Food & Agr. Code sec. 31683.)


          This bill deletes from the definition of vicious dog "a dog  
          seized under criminal laws prohibiting dog-fighting whose owner  
          has been convicted of a crime related to dog-fighting."


          Background


          In 1987, two-year old James Soto was fatally mauled by a  
          neighbor's dog.  One of the paramedics who arrived on the scene  
          said that James was "unrecognizable as a human being." When  
          police searched the home of Michael Berry, the dog's owner, they  
          found both dog-fighting magazines and a treadmill used for  
          training dogs for combat.  In addition, they found 200 marijuana  
          plants, which they suspected the dog had been tasked with  
          protecting from poachers.  In response to James' death and a  
          rise in the number and severity of dog attacks, the Legislature  
          enacted SB 428 (Torres, Chapter 761, Statutes of 1989) which  
          regulates potentially dangerous and vicious dogs.   







                                                                    AB 1825  
                                                                    Page  3




          Animal fighting was again brought to the forefront of the  
          nation's attention by the highly publicized conviction of  
          National Football League star quarterback Michael Vick. Vick and  
          his associates operated "Bad Newz Kennels," which housed and  
          trained over 50 pit bull dogs, staged dog fights, killed dogs,  
          and ran a high stakes gambling ring with purses up to $26,000.   
          A team of animal behavior experts selected by the American  
          Society for the Prevention of Cruelty to Animals analyzed the 49  
          seized dogs and recommended whether they were suitable to be  
          adopted by families, trained as police dogs, placed in a  
          sanctuary, or should be euthanized. Only one dog was recommended  
          for euthanasia because of extreme aggression. The others were  
          deemed suitable to go to sanctuaries or foster homes for  
          socialization training.


          This bill, seeking to ensure that dogs seized from dog-fighting  
          operations are evaluated on a case-by-case basis, removes the  
          provision of law that labels any dog seized from a fighting ring  
          whose owner is convicted for felony dog fighting, as vicious. 




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/23/16)


          Best Friends Animal Society (source)
          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
          Dog Adoption and Welfare Group 
          Humane Society of the United States
          Kitty Bungalow Charm School for Wayward Cats







                                                                    AB 1825  
                                                                    Page  4


          Latino Alliance for Animal Care Coalition
          LIUNA Locals 777 & 792
          Living Free Animal Sanctuary
          Los Angeles Animal Services
          Los Angeles County District Attorney's Office
          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
          Ventura County Board of Supervisors
          Woods Humane Society


          OPPOSITION:   (Verified6/23/16)


          Six individuals


          ARGUMENTS IN SUPPORT:     Best Friends Animal Society, sponsor,  
          writes: 


            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. 


            As it now stands, no dogs admitted into a California shelter  
            under the conditions of Food and Ag Code 31603(a) can be  
            spared the arbitrary and capricious "vicious" label,  
            regardless of their behavior, age or the judgment of shelter  
            professionals. It doesn't matter if the dog was a breeding  
            mother, a pup or a stolen pet. 







                                                                    AB 1825  
                                                                    Page  5




            Stray dogs arriving at shelters without any known history are  
            not presumed to pose a risk. They are evaluated individually  
            using techniques developed over years by animal sheltering  
            professionals. Victims of cruelty should receive the same  
            evaluations.


           
          ASSEMBLY FLOOR:  75-0, 5/9/16
          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,  
            Gallagher, Cristina Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian,  
            Obernolte, O'Donnell, Patterson, Quirk, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond,  
            Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Beth Gaines, Eduardo Garcia, Jones, Melendez,  
            Olsen

          Prepared by:Nichole Rapier / JUD. / (916) 651-4113
          6/24/16 14:33:45


                                   ****  END  ****