BILL ANALYSIS Ó
AB 1951
Page 1
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1951 (Salas) - As Amended April 13, 2016
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill 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:
AB 1951
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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. The court may develop a
fee schedule based on the defendant's ability to pay for the
required counseling.
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
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, or state
prison, for 16 months, two, or three years, or by a fine not
to exceed $20,000, or by both a fine and imprisonment.
FISCAL EFFECT:
1)Likely moderate cost to the Courts (Trial Court Trust Fund/GF)
in the $100,000 range for:
a) The counseling required as part of probation for
defendants who are unable to pay. It is not known how
often this would occur, or how long a counseling protocol
would last. Currently, there are ten individuals in state
prison for animal abuse, but many more in county jails
AB 1951
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since the crime can be tried as a misdemeanor now.
b) The required psychiatric or psychological evaluation
required of specific defendants.
1)Likely moderate fiscal impact to the Department of Corrections
and Rehabilitation (CDCR). If every year, two individuals
served two years in state prison for the additional felony
offenses because they had a prior or current qualifying felony
that required state imprisonment, the annual cost to CDCR
would be approximately $58,000 the first year and $116,000 the
second year, and every year thereafter.
2)Moderate, nonreimbursable costs for incarceration, offset to a
degree by increased fine revenue, to the extent felonies are
served in county jails.
COMMENTS:
1)Background. Current law 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.
Current law also states that any person that intentionally
AB 1951
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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.
2)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
end the cycle of violence and reduce recidivism."
3)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 where preparations were
being made for an exhibition of the fighting of dogs with
the intent to be present at that exhibition. AB 2281 was
held on this Committee's Suspense file.
AB 1951
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Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081