BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1951


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          Date of Hearing:  April 19, 2016
          Chief Counsel:     Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          AB  
                        1951 (Salas) - As Amended  April 13, 2016




          SUMMARY:  Requires a court upon conviction of a person for  
          committing specified crimes relating to animal abuse to order a  
          psychiatric examination, and requires psychiatric counseling as  
          a condition of probation for any person granted probation for  
          these offenses.  Specifically, this bill:  

          1)Requires any person convicted of dog fighting, assaulting a  
            police dog or horse in a manner likely to cause injury, or  
            intentionally causing injury or death to any guide dog or  
            service dog to undergo mandatory psychiatric counseling as a  
            condition of any grant of probation.

          2)States that any person convicted of animal abuse, transporting  
            an animal in a cruel or inhumane manner, cockfighting,  
            fastening an animal to a device in order to be chased by dogs,  
            possessing a bird or animal with the intent they engage in  
            fighting, abandoning an animal, or failing to care for an  
            animal shall be required, prior to sentencing, to submit to a  
            psychiatric or psychological examination and the court shall  
            consider the results of the examination in determining the  
            sentence.

          3)Provides that any person that intentionally causes injury to  








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            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 imprisonment in a county jail for 16  
            months, two, or three years, or by a fine not to exceed  
            $20,000, or by both a fine and 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, two, or three 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,  
            two, or three 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,  








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            amphibian, or fish, is a criminal offense and as a felony is  
            punishable by imprisonment in a county jail for 16 months,  
            two, or three 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. (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  








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            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).)

          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  








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            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  
            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, "AB 2052  
            mandates psychological evaluations for individuals convicted  
            of animal cruelty or facilitating animal fights.  When a  
            criminal defendant is found guilty, a psychological evaluation  
            may be needed as part of the court's pre-sentence  
            investigation to assist in determining the specific type or  
            length of sentence, or to identify the most suitable facility  
            where the sentence should be served. Appropriate sentencing  
            determinations often hinge on the court's solid understanding  
            of the psychological functioning of a defendant. When there is  
            compelling evidence of chronic or severe psychological  
            disturbance the court must also identify that individual's  
            need for mental health treatment. In other instances, a  
            psychological evaluation may be needed to assess the potential  
            for future acts of violence or criminal conduct and hopefully  








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            end the cycle of violence and reduce recidivism.

          2)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 2007-2008 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.

          REGISTERED SUPPORT / OPPOSITION:

          Support



          Alpha Canine Sanctuary
          Independent Living Center of Kern County
          KC ALIVE
          Kern County Commission on Aging
          Kern County Network for Children
          The Cat House on the Kings
          Three Private Citizens
          Women's Center-High Desert Inc.
          Opposition

          American Civil Liberties Union
          California Attorneys for Criminal Justice
          California Public Defenders Association  

          Analysis Prepared  
          by:              Gregory Pagan / PUB. S. / (916) 319-3744










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