Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1951

Introduced by Assembly Member Salas

February 12, 2016

An act to amend begin delete Section 26 end delete begin insert Sections 597, 597.5, and 600.5 end insert of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 1951, as amended, Salas. Crimes: begin delete capacity. end delete begin insert animal cruelty. end insert

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Existing law makes it a crime to maliciously and intentionally maim, mutilate, torture, or wound a living animal, or maliciously and intentionally kill an animal. Existing law also makes it a crime to overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance, drink, or shelter, cruelly beat, mutilate, or cruelly kill an animal. Existing law makes these crimes punishable as a felony by imprisonment in the county jail, or as a misdemeanor punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than $20,000, or by both that fine and either imprisonment.

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This bill would instead make the above crimes punishable as a felony by imprisonment in either the state prison or a county jail, or as a misdemeanor in a county jail, or a fine of not more than $20,000, or by both that fine and either the felony or misdemeanor terms of imprisonment.

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Existing law makes it a crime to own, possess, keep, or train any dog with the intent that the dog shall be engaged in an exhibition of fighting with another dog. Existing law additionally makes it a crime to, for amusement or gain, cause any dog to fight with another dog, or cause any dog to injure another dog. Existing law also makes it a crime for a person to permit either of these acts to be done on premises under his or her charge or control, or to aid or abet either act. Existing law makes these crimes punishable as a felony by imprisonment in a county jail, or by a fine not to exceed $50,000, or by both that fine and imprisonment.

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This bill would instead make these crimes punishable as a felony by imprisonment in the state prison, or by a fine not to exceed $50,000, or by both that fine and imprisonment.

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Existing law makes any person who intentionally causes injury to or the death of any guide, signal, or service dog, as defined, while the dog is in discharge of its duties, guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding one year, or by a fine of not more than $10,000, or by both a fine and that imprisonment.

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This bill would instead make that crime punishable as a felony by imprisonment in either the state prison or a county jail, or as a misdemeanor in a county jail, or by a fine of not more than $20,000, or by both that fine and either the felony or misdemeanor terms of imprisonment.

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By increasing the punishments for crimes, this bill would create a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law provides that all persons are capable of committing crimes except those belonging to specified classes, including, among others, persons who are mentally incapacitated or who committed the act charged without being conscious thereof.

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This bill would make technical, nonsubstantive changes to those provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 597 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

597.  

(a) Except as provided in subdivision (c) of this section
or Section 599c, every person who maliciously and intentionally
maims, mutilates, tortures, or wounds a living animal, or
maliciously and intentionally kills an animal, is guilty of a crime
punishable pursuant to subdivision (d).

(b) Except as otherwise provided in subdivision (a) or (c), every
person who overdrives, overloads, drives when overloaded,
overworks, tortures, torments, deprives of necessary sustenance,
drink, or shelter, cruelly beats, mutilates, or cruelly kills any
animal, or causes or procures any animal to be so overdriven,
overloaded, driven when overloaded, overworked, tortured,
tormented, deprived of necessary sustenance, drink, shelter, or to
be cruelly beaten, mutilated, or cruelly killed; and whoever, having
the charge or custody of any animal, either as owner or otherwise,
subjects any animal to needless suffering, or inflicts unnecessary
cruelty upon the animal, or in any manner abuses any animal, or
fails to provide the animal with proper food, drink, or shelter or
protection from the weather, or who drives, rides, or otherwise
uses the animal when unfit for labor, is, for each offense, guilty
of a crime punishable pursuant to subdivision (d).

(c) Every person who maliciously and intentionally maims,
mutilates, or tortures any mammal, bird, reptile, amphibian, or
fish, as described in subdivision (e), is guilty of a crime punishable
pursuant to subdivision (d).

(d)  A violation of subdivision (a), (b), or (c) is punishable as a
felony by imprisonment begin insert in the state prison or end insert pursuant to
subdivision (h) of Section 1170, begin delete or end delete by a fine of not more than
twenty thousand dollars ($20,000), or by both that fine and
imprisonment, or alternatively, as a misdemeanor by imprisonment
in a county jail for not more than one year, or by a fine of not more
than twenty thousand dollars ($20,000), or by both that fine and
imprisonment.

(e) Subdivision (c) applies to any mammal, bird, reptile,
amphibian, or fish which is a creature described as follows:

(1) Endangered species or threatened species as described in
Chapter 1.5 (commencing with Section 2050) of Division 3 of the
Fish and Game Code.

(2) Fully protected birds described in Section 3511 of the Fish
and Game Code.

(3) Fully protected mammals described in Chapter 8
(commencing with Section 4700) of Part 3 of Division 4 of the
Fish and Game Code.

(4) Fully protected reptiles and amphibians described in Chapter
2 (commencing with Section 5050) of Division 5 of the Fish and
Game Code.

(5) Fully protected fish as described in Section 5515 of the Fish
and Game Code.

This subdivision does not supersede or affect any provisions of
law relating to taking of the described species, including, but not
limited to, Section 12008 of the Fish and Game Code.

(f) For the purposes of subdivision (c), each act of malicious
and intentional maiming, mutilating, or torturing a separate
specimen of a creature described in subdivision (e) is a separate
offense. If any person is charged with a violation of subdivision
(c), the proceedings shall be subject to Section 12157 of the Fish
and Game Code.

(g) (1) Upon the conviction of a person charged with a violation
of this section by causing or permitting an act of cruelty, as defined
in Section 599b, all animals lawfully seized and impounded with
respect to the violation by a peace officer, officer of a humane
society, or officer of a pound or animal regulation department of
a public agency shall be adjudged by the court to be forfeited and
shall thereupon be awarded to the impounding officer for proper
disposition. A person convicted of a violation of this section by
causing or permitting an act of cruelty, as defined in Section 599b,
shall be liable to the impounding officer for all costs of
impoundment from the time of seizure to the time of proper
disposition.

(2) Mandatory seizure or impoundment shall not apply to
animals in properly conducted scientific experiments or
investigations performed under the authority of the faculty of a
regularly incorporated medical college or university of this state.

(h) Notwithstanding any other provision of law, if a defendant
is granted probation for a conviction under this section, the court
shall order the defendant to pay for, and successfully complete,
counseling, as determined by the court, designed to evaluate and
treat behavior or conduct disorders. If the court finds that the
defendant is financially unable to pay for that counseling, the court
may develop a sliding fee schedule based upon the defendant’s
ability to pay. An indigent defendant may negotiate a deferred
payment schedule, but shall pay a nominal fee if the defendant has
the ability to pay the nominal fee. County mental health
departments or Medi-Cal shall be responsible for the costs of
counseling required by this section only for those persons who
meet the medical necessity criteria for mental health managed care
pursuant to Section 1830.205 of Title 9 of the California Code of
Regulations or the targeted population criteria specified in Section
5600.3 of the Welfare and Institutions Code. The counseling
specified in this subdivision shall be in addition to any other terms
and conditions of probation, including any term of imprisonment
and any fine. This provision specifies a mandatory additional term
of probation and is not to be utilized as an alternative in lieu of
imprisonment pursuant to subdivision (h) of Section 1170 or county
jail when that sentence is otherwise appropriate. If the court does
not order custody as a condition of probation for a conviction under
this section, the court shall specify on the court record the reason
or reasons for not ordering custody. This subdivision shall not
apply to cases involving police dogs or horses as described in
Section 600.

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begin insert SEC. 2. end insert   

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begin insert Section 597.5 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

597.5.  

(a) Any person who does any of the following is guilty
of a felony and is punishable by imprisonment begin delete pursuant to
subdivision (h) of Section 1170 end delete begin insert in the state prison end insert for 16 months,
or two or three years, or by a fine not to exceed fifty thousand
dollars ($50,000), or by both that fine and imprisonment:

(1) Owns, possesses, keeps, or trains any dog, with the intent
that the dog shall be engaged in an exhibition of fighting with
another dog.

(2) For amusement or gain, causes any dog to fight with another
dog, or causes any dogs to injure each other.

(3) Permits any act in violation of paragraph (1) or (2) to be
done on any premises under his or her charge or control, or aids
or abets that act.

(b) Any person who is knowingly present, as a spectator, at any
place, building, or tenement where preparations are being made
for an exhibition of the fighting of dogs, with the intent to be
present at those preparations, or is knowingly present at that
exhibition or at any other fighting or injuring as described in
paragraph (2) of subdivision (a), with the intent to be present at
that exhibition, fighting, or injuring, is guilty of an offense
punishable by imprisonment in a county jail not to exceed one
year, or by a fine not to exceed five thousand dollars ($5,000), or
by both that imprisonment and fine.

(c) Nothing in this section shall prohibit any of the following:

(1) The use of dogs in the management of livestock, as defined
by Section 14205 of the Food and Agricultural Code, by the owner
of the livestock or his or her employees or agents or other persons
in lawful custody thereof.

(2) The use of dogs in hunting as permitted by the Fish and
Game Code, including, but not limited to, Sections 4002 and 4756,
and by the rules and regulations of the Fish and Game Commission.

(3) The training of dogs or the use of equipment in the training
of dogs for any purpose not prohibited by law.

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begin insert SEC. 3. end insert   

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begin insert Section 600.5 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

600.5.  

(a) Any person who intentionally causes injury to or
the death of any guide, signal, or service dog, as defined by Section
54.1 of the Civil Code, while the dog is in discharge of its duties,
is guilty of a misdemeanor, punishable begin insert as a felony by imprisonment
in the state prison or pursuant to subdivision (h) of Section 1170,
or by a fine of not more than twenty thousand dollars ($20,000),
or by both that fine and imprisonment, or alternatively as a
misdemeanor end insert by imprisonment in a county jail not exceeding one
year, or by a fine not exceeding begin delete ten end delete begin insert twenty end insert thousand dollars
begin delete ($10,000), end delete begin insert ($20,000), end insert or by both a fine and imprisonment. The
court shall consider the costs ordered pursuant to subdivision (b)
when determining the amount of any fines.

(b) 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 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 pursuant to Chapter
5 (commencing with Section 13950) of Part 4 of Division 3 of
Title 2 of the Government Code, in an amount not to exceed ten
thousand dollars ($10,000).

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begin insert SEC. 4. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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SECTION 1.  

Section 26 of the Penal Code is amended to read:

26.  

All persons are capable of committing crimes except those
belonging to the following classes:

(a) Children under 14 years of age, in the absence of clear proof
that at the time of committing the act charged against them, they
knew its wrongfulness.

(b) Persons who are mentally incapacitated.

(c) Persons who committed the act or made the omission charged
under an ignorance or mistake of fact, which disproves any criminal
intent.

(d) Persons who committed the act charged without being
conscious thereof.

(e) Persons who committed the act or made the omission charged
through misfortune or by accident, when it appears that there was
no evil design, intention, or culpable negligence.

(f) Unless the crime is punishable with death, persons who
committed the act or made the omission charged under threats or
menaces sufficient to show that they had reasonable cause to and
did believe their lives would be endangered if they refused.

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