BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1200|
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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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                                                                    Page  4


          
          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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                                                                    Page  7


          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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