BILL ANALYSIS Ó
AB 1951
Page 1
Date of Hearing: April 5, 2016
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
1951 (Salas) - As Amended March 30, 2016
SUMMARY: Makes animal cruelty, injuring a police animal, or
injuring or causing the death of a guide dog, signal, or service
dog punishable by imprisonment in the state prison for 2, 3, or
4 years, and makes felony dog fighting punishable by 16 months,
2, or 3 years in the state prison. Specifically, this bill:
1)Provides that 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
criminal offense and is punishable by imprisonment in the
state prison for 2, 3, or 4 years.
2)States that when a person 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
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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 guilty of a criminal offense punishable by
imprisonment in the state prison for 2, 3, or 4 years.
3)Specifies that a person who maliciously and intentionally
maims, mutilates, or tortures any mammal, bird, reptile,
amphibian, or fish, as a criminal offense punishable by
imprisonment in the state prison for 2, 3, or 4 years.
4)Provides that any person that does any of the following is
guilty of a felony and is punishable by imprisonment in the
state prison 16 months, 2 or 3 years.
a) Owns, possesses, keeps, or trains any dog, with the
intent that the dog shall be engaged in an exhibition of
fighting with another dog;
b) For amusement or gain, causes any dog to fight with
another dog, or causes any dogs to injure each other; and,
c) Permits any of the above acts to be done on any premises
under his or her control, or aid or abets that act.
5)Provides that any person who maliciously strikes, beats,
kicks, stabs, shoots, or throws, hurls, or projects any rock
or object at any horse being used by a peace officer, or any
dog being supervised by a peace officer in the performance of
his or her duties is a public offense. If the injury
inflicted is a serious injury, as specified, the person shall
be punished by imprisonment in the state prison for 2, 3, or 4
years, or by a fine not exceeding $20,000, or by both a fine
and imprisonment.
6)Makes any person that intentionally causes injury to or the
death of any guide, signal or service dog, as defined, while
the dog is in the discharge of its duties, is guilty of a
felony punishable by 2, 3, or 4 years in the state prison or
by imprisonment in a county jail for 16 months 2, or 3 years,
by a fine not to exceed $20,000, or by both a fine and
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imprisonment.
EXISTING LAW:
1)Provides that 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
criminal offense and as a felony is punishable by imprisonment
in a county jail for 16 months, 2, or 3 years, or by a fine up
to $20,000, or by both that fine and imprisonment, or
alternatively, as a misdemeanor by imprisonment in a county
jail, or by a fine up to $20,000, or by both that fine and
imprisonment. (Pen. Code, § 597, subd, (a).)
2)States that when a person 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 guilty of a criminal offense and as a felony is
punishable by imprisonment in a county jail for 16 months, 2,
or 3 years, or by a fine up to $20,000, or by both that fine
and imprisonment, or alternatively, as a misdemeanor by
imprisonment in a county jail, or by a fine up to $20,000, or
by both that fine and imprisonment. (Pen. Code, § 597, subd.
(b).)
3)Specifies that a person who maliciously and intentionally
maims, mutilates, or tortures any mammal, bird, reptile,
amphibian, or fish, is a criminal offense and as a felony is
punishable by imprisonment in a county jail for 16 months, 2,
or 3 years, or by a fine up to $20,000, or by both that fine
and imprisonment, or alternatively, as a misdemeanor by
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imprisonment in a county jail, or by a fine up to $20,000, or
by both that fine and imprisonment. (Pen. Code, § 597, subd.
(c).)
4)Provides that any person that does any of the following is
guilty of a felony and is punishable by imprisonment in a
county jail for 16 months, 2 or 3 years, or by a fine not to
exceed $50,000, or by both imprisonment and a fine:
a) Owns, possesses, keeps, or trains any dog, with the
intent that the dog shall be engaged in an exhibition of
fighting with another dog;
b) For amusement or gain, causes any dog to fight with
another dog, or causes any dogs to injure each other; and,
c) Permits any of the above acts to be done on any premises
under his or her control, or aid or abets that act. (Pen.
Code, § 597.5, subd. (a).)
5)States that any person that intentionally causes injury to or
the death of any guide, signal or service dog, as defined,
while the dog is in the discharge of its duties, is guilty of
a misdemeanor punishable by imprisonment in a county jail not
to exceed one year, by a fine not exceeding 10,000, or by both
a fine and imprisonment. (Pen. Code § 600.2.)
6)Provides that any person who maliciously strikes, beats,
kicks, stabs, shoots, or throws, hurls, or projects any rock
or object at any horse being used by a peace officer, or any
dog being supervised by a peace officer in the performance of
his or her duties is a public offense. If the injury
inflicted is a serious injury, as specified, the person shall
be punished as a felony by imprisonment in a county jail for
16 months, two or three years, and as a misdemeanor by
imprisonment in a county jail for a term not exceeding one
year, or by a fine not exceeding two thousand dollars, or by
both a fine and imprisonment. If the injury inflicted is not
a serious injury, the person shall be punished by imprisonment
in the county jail for not exceeding one year, or by a fine
not exceeding one thousand dollars, or by both a fine and
imprisonment. (Pen. Code, § 600, subd. (a).)
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7)Requires that if a defendant is granted probation for a
conviction of animal cruelty, 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. The counseling shall be in
addition to any other terms and conditions of probation,
including any term of imprisonment and any fine. 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 does not apply to cases involving police dogs or horses
as described in Section 600. (Pen. Code, § 597, subd. (h).)
8)Provides that any person who causes any animal, not including
a dog, to fight with another animal, or permits the same to be
done on any property under his or her control, or aids or
abets the fighting of any animal is guilty of a misdemeanor,
punishable by up to one year in the county jail or by a fine
not to exceed $10,000, or both imprisonment and a fine. (Pen.
Code § 597b, subd. (a).)
9)Provides that any person who causes a cock to fight with
another cock, or permits the same to be done on any property
under his or her control, and any person who aid or abets the
fighting of any cock or is present as a spectator is guilty of
a misdemeanor, punishable by imprisonment in the county jail
not to exceed one year, or by a fine not to exceed $10,000, or
by both imprisonment and a fine. (Pen. Code, § 597b, subd.
(b).)
10)Provides that any person who owns, possesses, keeps or trains
any bird or other animal with the intent that that it be used
an exhibition of fighting is guilty of a misdemeanor,
punishable by imprisonment in the county jail not to exceed
one year; by a fine not to exceed $10,000, or by both
imprisonment and a fine. (Penal Code Section 597j.)
11)States that it is misdemeanor for any person to tie or attach
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or fasten any live animal to any machine or device propelled
by any power for the purpose of causing such animal to be
pursued by a dog or dogs and the offense is punishable by up
to one year in a county jail, by a fine not to exceed $2,500,
or by both imprisonment and a fine. (Pen. Code, § 597h.)
12)Directs that any person who owns, possesses, or trains any
bird or animal with the intent that the cock or other bird
shall be engaged in an exhibition of fighting by his or her
vendee or any other person is guilty of a misdemeanor,
punishable by imprisonment in the county jail not exceed one
year, by a fine not to exceed $10,000; or by both imprisonment
and a fine. (Pen. Code, § 597j.),
13)States that ever person who willfully abandons any animal is
guilty of a misdemeanor punishable by imprisonment in a county
jail not to exceed six months, by a fine not to exceed $1,000,
or by both a fine and imprisonment (Penal Code Section 597s.)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "There is a
direct link between acts of animal cruelty and violence toward
others, including child abuse, spousal abuse, elder abuse, and
other violent behavior. The correlation between animal abuse
and violent crimes is so strong that the FBI will start
collecting data on animal cruelty crimes via its National
Incident-Based Reporting System (NIBRS). In doing so, the
bureau has classified animal cruelty as a "Group A" felony, on
par with arson, assault, and homicide.
"Despite actions taken by the FBI and the established link
between animal abuse and other violence, acts of animal
cruelty are not classified as violent crimes in California no
matter how gruesome the abuse, the number of animals injured,
or prior convictions. AB 1951 gives judges the discretion to
treat the most serious cases of animal abuse as violent
crimes."
2)Penalties for Animal Cruelty: Under existing law, animal
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cruelty is an alternate felony/ misdemeanor. It may be
charged as either a misdemeanor or a felony. As a felony,
animal cruelty is punishable by imprisonment in a county jail
for 16 months, 2, or 3 years, or by a fine of not more than
$20,000, or by both that fine and imprisonment. As a
misdemeanor, animal cruelty is punishable by imprisonment in a
county jail for not more than one year, or by a $20,000 fine,
or by both that fine and imprisonment.
This bill would, additionally, make animal cruelty punishable by
2, 3, or 4 years in the state prison. There hasn't been any
evidence presented that animal cruelty is not being
appropriately punished under existing law, or why a maximum of
three years imprisonment in a county jail is inadequate
punishment? It is argued that the penalty increase
contemplated in this bill would be an option in the most
serious cases of animal abuse, but there is nothing preventing
a court from imposing the increased penalties in all animal
abuse cases.
3)Penalties for Dog Fighting: Under existing law, dog fighting
is punishable only as felony with a term of imprisonment in a
county of 16 months, 2, or 3 years, or by a fine not to exceed
$50,000, or by both that fine and imprisonment.
This bill would instead, make dog fighting punishable by 16
months, 2, or 3 years in the state prison, Again, there
hasn't been any evidence presented as to why the existing
penalty of up to three years in a county jail is inadequate?
By providing that many of the penalty increases, contained in
this bill, be served in the state prison, this bill shifts the
cost of incarceration for these offenses back to the state
which is inconsistent with the intent of the 2011 Realignment
Act. The 2011 Realignment Act made non-serious and non-violent
felony offenses punishable by imprisonment in a county jail
rather than state prison with specific exceptions, and animal
cruelty and dogfighting, although considered, were not made
exceptions to realignment.
4)Penalties for Injury to a Guide or Service Dog: Under
existing law, intentionally causing injury or death to a
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guide, signal or service dog is punishable as a misdemeanor
punishable by imprisonment in a county jail for up to one
year, or by a fine not to exceed $10,000, or by both that fine
or imprisonment.
This bill would, additionally, make this offense punishable by
16 months, 2, or 3 years in a county jail, by 2, 3, or 4 years
in the state prison, and by an increased fine not to exceed
$20,000. This is a substantial penalty increase without any
evidence or showing as to why the existing penalty is
inadequate, or that guide or service dogs are intentionally
injured or killed on a frequent basis. Again, although a
court would have sentencing options, there is nothing
preventing a court from imposing a state prison sentence in
most or every case and shifting the cost of incarceration to
the state. One of the significant contributors to the state's
prison overcrowding crisis, detailed below, is certain
counties over reliance on state incarceration and, not
incarcerating on a local level to avoid the attendant cost to
the county. Not surprisingly, it is those counties that have
complained the most about the 2011 Realignment Act.
5)Penalties for Injury to a Police Animal: Under existing law,
seriously injuring a police dog or horse is an alternate
felony/ misdemeanor. It may be charged as either a
misdemeanor or a felony. As a felony, seriously injuring a
police animal is punishable by imprisonment in a county jail
for 16 months, 2, or 3 years, or by a fine of not more than
$2,000, or by both that fine and imprisonment. As a
misdemeanor, seriously injuring a police animal is punishable
by imprisonment in a county jail for not more than one year,
or by a $2,000 fine, or by both that fine and imprisonment.
This bill would, additionally, make seriously injuring a police
animal punishable by 2, 3, or 4 years in the state prison.
Again, does this crime occur frequently? Are persons
convicted not adequately punished with an existing maximum
sentence of up to three years in a county jail?
Does this offense really need to be punishable by imprisonment
in the state prison? Prior to realignment was the state
successfully rehabilitating individuals committed to the state
prison?
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Prison Overcrowding: On February 10, 2014, the federal court
ordered California to reduce its in-state adult institution
population to 137.5% of design capacity by February 28, 2016,
as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of last year the administration reported that as
"of February 11, 2015, 112,993 inmates were housed in the
State's 34 adult institutions, which amounts to 136.6% of
design bed capacity, and 8,828 inmates were housed in
out-of-state facilities. This current population is now below
the court-ordered reduction to 137.5% of design bed capacity."
(Defendants' February 2015 Status Report In Response To
February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge
Court, Coleman v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison
population, the state now must stabilize these advances and
demonstrate to the federal court that California has in place
the "durable solution" to prison overcrowding "consistently
demanded" by the court. (Opinion Re: Order Granting in Part
and Denying in Part Defendants' Request For Extension of
December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC),
3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14).
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However, even though the state has complied with the federal
court order, the prison population needs to be maintained, not
increased. And according to the Legislative Analyst's Office
(LAO), "CDCR is currently projecting that the prison
population will increase by several thousand inmates in the
next few years and will reach the cap by June 2018 and exceed
it by 1,000 inmates by June 2019."
( http://www.lao.ca.gov/reports/2014/budget/criminal-justice/cri
minal-justice-021914.aspx .) The LAO also notes that
predicting the prison population is "inherently difficulty"
and subject to "considerable uncertainty." (Ibid.)
Nevertheless, making animal cruelty punishable by imprisonment
in the state prison when the prison population is already
expected to increase seems imprudent at best.
6)Argument in Support: According to the Kern County Network for
Children, "Currently a person convicted of a felony animal
cruelty under California law is sentenced to our local jail.
Prior to "realignment," a sentencing judge had the option to
send the person to prison. With realignment, that option is no
longer available to the judge. Animal welfare advocates in
Bakersfield formed a committee the Justice for Animal Victims
of Abuse has worked hard to reinstated judicial discretion in
these cases of animal abuse. Our Kern County Assemblyman Rudy
Salas has introduced AB 1951 to achieve this goal. The bill
amends those sections of the Penal Code that specify the
sentencing options for felony abuse of any animal, a law
enforcement dog or horse, and a guide, signal or service dog.
"Over my twenty-eight year career in working in child welfare, I
have seen firsthand the horrific link between animal abuse and
the abuse our children. Such abuses are clearly violent,
serious crimes and we must give the courts the tools they need
to hold people truly accountable. AB 1951 recognizes that
felony animal abuse is violent and is serious and has far more
to do with the mindset of the perpetrator than the species of
the victim."
7)Argument in Opposition: According to the, California
Attorneys for Criminal Justice, "Current law provides a
punishment for animal cruelty to be charged as a misdemeanor
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or felony under 1170(h). In addition to a felony charge and
imprisonment in county jail for up to three years, a violation
of these crimes can lead to a fine of $20,000 to $50,000. This
bill will dramatically increase the punishment for these
crimes when there is no evidence that current law is
insufficient.
"CACJ opposes the increase punishment for these crimes as we
have seen the over-criminalization has failed to work over the
past 30-40 years. As mentioned in the bill's background,
several studies have shown a direct link between acts of
animal cruelty and violent crimes. However, there are several
studies that show that over-criminalization and incarceration
is not the proper tool to curtail these acts. Instead of
sending a person to prison, our state should look at the
mental health issues of these perpetrators and seek to
rehabilitate rather than incarcerate.
"Furthermore, Governor Brown vetoed several bills last year that
unnecessarily increased punishments when current law was
sufficient. We believe current law adequately punishes these
persons. Furthermore, California cannot keep this "tough on
crime" approach that has been proven unsuccessful without
considering evidence-based, mental health alternatives to over
incarnation."
8)Prior Legislation:
a) AB 794 (Linder), Chapter 201, Statutes of 2015, expanded
criminal acts against law enforcement animals to include
animals used by volunteers acting under the direct
supervision of a peace officer.
b) AB 2281 (Nava) of the 2008 Legislative Session made it a
felony punishable by 16 months, 2 or 3 years in the state
prison for any person convicted of being 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 that
exhibition. AB 2281 was held on the Appropriations
Committee suspense file.
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REGISTERED SUPPORT / OPPOSITION:
Support
Kern County Network for Children
Kern County Commission on Aging
KC ALIVE
Independent Living Center of Kern County
Women's Center-High Desert Inc.
The Cat House on the Kings
Alpha Canine Sanctuary
Three Private Citizens
Opposition
American Civil Liberties Union
California Attorneys for Criminal Justice
California Public Defenders Association
Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744