BILL ANALYSIS Ó
SB 1200
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Date of Hearing: June 28, 2016
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SB
1200 (Jackson) - As Amended May 31, 2016
SUMMARY: Requires the annual crime report published by the
Department of Justice (DOJ) to include information concerning
arrests for animal cruelty.
EXISTING LAW:
SB 1200
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1)Requires the DOJ to collect specified crime-related data, and
to prepare an annual report of crime-related statistics.
(Pen. Code, §13010.)
2)Specifies that the DOJ annual report contain statistics
regarding the amount and types of offenses known to public
authorities; the personal and social characteristics of
criminals and delinquents; the administrative actions taken by
law enforcement, judicial, penal, and correctional agencies or
institutions, including those in the juvenile justice system,
in dealing with criminals or delinquents; and the number of
citizens' complaints received by law enforcement agencies, as
specified. (Pen. Code, §13012.)
3)Requires every person and agency that deals with crimes or
criminals or with delinquency or delinquents to maintain
specified records and report statistical data to the DOJ when
requested by the Attorney General. (Pen. Code §13020.)
4)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).)
5)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,
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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).)
6)Specifies that a person who maliciously and intentionally
maims, mutilates, or tortures any mammal, bird, reptile,
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).)
7)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, two, or three 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).)
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8)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).)
9)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).)
10)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).)
11)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
one year; by a fine not to exceed $10,000, or by both
imprisonment and a fine. (Penal Code Section 597j.)
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FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "In 2014 a man
was arrested and later pleaded guilty to four felony counts
and one misdemeanor count, which included: two felony charges
of animal cruelty, felony assault by force likely to produce
great bodily injury, witness dissuasion and violating a court
order. The case involved a man abusing his girlfriend and her
five month old puppy. The man broke several of the puppy's
bones, sexually mutilated and used a utility lighter to
inflict burns on 80 percent of its body, for which the puppy
was later euthanized due to its injuries. The maximum sentence
for the crime was seven years and six months in state prison.
The judge sentenced him to a year in county jail and five
years on probation based on probation officers'
recommendations.
"So evident is the correlation between animal abuse and
violence to humans that in 2016 the FBI began collecting data
on animal cruelty in the same way as homicide, arson, and
assault via its National Incident-Based Reporting System
(NIBRS).
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"Accurate data is important in order to understand the full
scope of the problem. Current animal cruelty reporting to the
FBI is only on a voluntary basis.
"This bill would require the Department of Justice (DOJ) to
include animal cruelty data in its DOJ Data Collection and
Reporting Responsibility publication, data that is later
forwarded to the Federal Bureau of Investigations (FBI).
"With the proven correlation between animal abuse and human
violence the goal of SB 1200 is to gather accurate data so
that we can develop appropriate policies to help reduce the
possibility of further acts of violence upon people."
2)Related Legislation: SB 1075 (Runner) requires the DOJ to
include disaggregated information on child molestation crimes
in its annual statewide criminal statistics report. SB 1075
is pending Hearing in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
San Francisco SPCA
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LIUNA Locals 777 and 792
Marine Humane Society
San Diego Humane Society
City of West Hollywood
Humane Society of the United States
Animal Welfare Institute
American Society for the Prevention of Cruelty to Animals
Animal Legal Defense Fund
Association of Prosecuting Attorneys
Association for Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Riverside Sheriffs Association
Los Angeles Probation Officer's Union, AFSCME Local 685
Association of Deputy District Attorneys
Davey's Voice
Los Angeles County Professional Peace Officers Association
Social Compassion in Legislation
State Humane Association of California
Santa Barbara Women's Political Committee
One Private Individual
Opposition
None
Analysis Prepared by:Gregory Pagan / PUB. S. / (916)
SB 1200
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319-3744