BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1200|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 1200
Author: Jackson (D)
Amended: 5/31/16
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/12/16
AYES: Hancock, Glazer, Leno, Liu, Monning, Stone
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
SUBJECT: Animal cruelty: training: criminal statistics
SOURCE: Author
DIGEST: This bill requires that the annual report published by
the Department of Justice (DOJ) include information concerning
arrests for violations of Penal Code section 597.
ANALYSIS:
Existing law:
1)Provides in Penal Code section 597, except as otherwise
provided, that the following crimes are punishable a felony by
imprisonment pursuant to subdivision (h) of Section 1170, or
by a fine of not more than twenty thousand dollars ($20,000),
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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:
a) Every person who maliciously and intentionally maims,
mutilates, tortures, or wounds a living animal, or
maliciously and intentionally kills an animal
b) 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.
c) Every person who maliciously and intentionally maims,
mutilates, or tortures any mammal, bird, reptile,
amphibian, or fish. And, each act of malicious and
intentional maiming, mutilating, or torturing a separate
specimen of a creature, described therein, is a separate
offense.
2)Requires, in Penal Code section 13010, DOJ to:
a) To collect data necessary for the work of the DOJ from
all persons and agencies specified and from any other
appropriate source.
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b) To prepare and distribute to all those persons and
agencies, cards, forms, or electronic means used in
reporting data to the DOJ. The cards, forms, or electronic
means may, in addition to other items, include items of
information needed by federal bureaus or departments
engaged in the development of national and uniform criminal
statistics.
c) To recommend the form and content of records which must
be kept by those persons and agencies in order to ensure
the correct reporting of data to the DOJ.
d) To instruct those persons and agencies in the
installation, maintenance, and use of those records and in
the reporting of data therefrom to the DOJ.
e) To process, tabulate, analyze and interpret the data
collected from those persons and agencies.
f) To supply, at their request, to federal bureaus or
departments engaged in the collection of national criminal
statistics data they need from this state.
g) To present to the Governor, on or before July 1st, an
annual report containing the criminal statistics of the
preceding calendar year and to present at other times as
the Attorney General may approve reports on special aspects
of criminal statistics. A sufficient number of copies of
all reports shall be prepared to enable the Attorney
General to send a copy to all public officials in the state
dealing with criminals and to distribute them generally in
channels where they will add to the public enlightenment.
This bill requires that the annual report published by DOJ
include information concerning arrests for violations of Penal
Code section 597.
Background
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There was an animal abuse incident in 2014 that precipitated
this legislation:
On May 14, 2014, at 11:02 p.m., Santa Barbara Police
officer Josh Morton responded to a local veterinary
hospital to investigate a possible case of domestic
violence.
What he found would haunt the department, and community
members, for months to come.
The Case
The victims were a 5-month-old miniature pinscher puppy
named Davey and his owner.
Earlier that day, Duanying Chen, a Chinese immigrant who
was taking classes at Santa Barbara City College on a
student visa, agreed to watch Davey while his girlfriend
was out for the day.
When Chen's girlfriend came home around 8 p.m., however,
she found Davey hiding underneath a table, unable to walk,
according to reports.
Chen reportedly tried to convince her that the dog was
injured during a fall from the top of a ping pong table,
but after taking Davey to the hospital, the clinic staff
determined that the animal had multiple injuries - broken
bones, lacerations and burns, neurological damage, and
wounds to the rectum and genitals - consistent with having
been abused.
Further, upon questioning Chen's girlfriend, they suspected
that she was the victim of domestic violence. The Santa
Barbara Police Department (SBPD) was subsequently notified,
and Davey was euthanized a few weeks later due to the
extreme level of abuse and the extent of his injuries.
"We don't often get these types of cases," said Sgt. Riley
Hardwood of the SBPD. "We deal with domestic violence all
of the time, but this isn't the type of case that happens
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often."
"The combination of two things (animal abuse and domestic
violence) is pretty alarming, and a lot of people would say
that's indication of violence in the future," he continued.
On May 20, 2014, Chen was arrested for allegedly strangling
his girlfriend during a fight and beating, torturing,
sexually assaulting and burning Davey.
The Sentence
In Chen's case, many believe the punishment did not fit the
crime.
On May 19, Chen pleaded guilty to four felony counts and
one misdemeanor count, including two felony charges of
animal cruelty, felony assault by force likely to produce
great bodily injury, witness dissuasion and violating a
court order, according to Santa Barbara County District
Attorney Joyce Dudley.
Although the case prosecutor argued for the maximum
sentence of seven years and six months in state prison, on
June 30 Superior Court Judge Brian Hill ordered Chen to
serve one year in county jail with five years of probation.
(Protestors to hold march for abused puppy at SB
Courthouse, by Jamie Guista, Santra Maria Times, July 18,
2015; http://santamariatimes.com/
news/protestors-to-hold-march-for-abused-puppy-at-sb-courtho
use /article_5772b345-4bcc-5cf1-95da-83f96c29cd 1e.html.)
This bill requires DOJ to include animal cruelty in their annual
crime report.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
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According to the Senate Appropriations analysis the fiscal
impact includes:
Data reporting: Likely minor non-reimbursable local costs
(Local Funds/General Fund*) for reporting. Staff notes prior
decisions issued by the Commission on State Mandates
(02-TC-04, 02-TC-11, 07-TC-10) determined the relevant code
sections applicable to the provisions of this bill do not
impose state-mandated requirements on local agencies, however,
these costs could potentially be subject to Proposition 30
funding requirements.
DOJ annual report: Minor, absorbable costs (General Fund) for
DOJ to include arrest data for animal cruelty in its annual
report.
*Proposition 30 (2012) exempts the State from mandate
reimbursement for realigned programs including the provision of
public safety services, including the employment and training of
law enforcement personnel, and the related reporting
responsibilities of local agencies. However, legislation enacted
after September 30, 2012, that has an overall effect of
increasing the costs already borne by a local agency for levels
of services mandated by 2011 Realignment Legislation, applies to
local agencies only to the extent that the State provides annual
funding for the cost increase.
SUPPORT: (Verified 5/31/16)
American Society for the Prevention of Cruelty to Animals
Animal Legal Defense Fund
Animal Welfare Institute
Association of Prosecuting Attorneys
Davey's Voice
The Humane Society of the United States
LIUNA Locals 777 and 792
Los Angeles County Professional Peace Officers Association
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Marin Humane Society
Office of District Attorney, County of Santa Barbara
San Diego Humane Society & SPCA
San Francisco SPCA
Social Compassion in Legislation
Two individuals
OPPOSITION: (Verified 5/31/16)
None received
Prepared by:Jessica Devencenzi / PUB. S. /
5/31/16 20:45:43
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