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