BILL ANALYSIS Ó
AB 1951
Page 1
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
AB 1951
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