BILL NUMBER: SB 103 CHAPTERED 08/30/99 CHAPTER 265 FILED WITH SECRETARY OF STATE AUGUST 30, 1999 APPROVED BY GOVERNOR AUGUST 30, 1999 PASSED THE SENATE AUGUST 16, 1999 PASSED THE ASSEMBLY JULY 15, 1999 AMENDED IN ASSEMBLY JULY 8, 1999 AMENDED IN ASSEMBLY JUNE 30, 1999 AMENDED IN SENATE APRIL 5, 1999 AMENDED IN SENATE MARCH 15, 1999 INTRODUCED BY Senator Johannessen and Assembly Member Hertzberg (Coauthors: Senators Karnette and Ortiz) (Coauthors: Assembly Members Alquist, Dickerson, Longville, and Margett) DECEMBER 9, 1998 An act to amend Section 399.5 of the Penal Code, relating to dog bites. LEGISLATIVE COUNSEL'S DIGEST SB 103, Johannessen. Dog bites: penalties. Existing law provides, except as specified, that when any person owns or has custody or control of a dog trained to fight, attack, or kill, and, if as a result of that person's failure to exercise ordinary care, the dog bites a human being on 2 separate occasions, or on one occasion causing substantial physical injury, that person is guilty of a misdemeanor. This bill would provide that the offense is punishable as a felony or misdemeanor. This bill would impose a state-mandated local program by increasing local prosecution costs. This bill would also provide that the above-described provisions of law do not apply to a veterinarian, an on-duty animal control officer, or peace officer assigned to a canine unit. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known and may be cited as "Cody's Law." SEC. 2. Section 399.5 of the Penal Code is amended to read: 399.5. (a) Any person owning or having custody or control of a dog trained to fight, attack, or kill is guilty of a felony or a misdemeanor, punishable by imprisonment in the state prison for two, three, or four years, or in a county jail not to exceed one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment, if, as a result of that person's failure to exercise ordinary care, the dog bites a human being, on two separate occasions or on one occasion causing substantial physical injury. No person shall be criminally liable under this section, however, unless he or she knew or reasonably should have known of the vicious or dangerous nature of the dog, or if the victim failed to take all the precautions that a reasonable person would ordinarily take in the same situation. (b) Following the conviction of an individual for a violation of this section, the court shall hold a hearing to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bite or bites have changed so as to remove the danger to other persons presented by the animal. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary. (c) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) based on a bite or bites inflicted upon a trespasser, upon a person who has provoked the dog or contributed to his or her own injuries, or by a dog used in military or police work if the bite or bites occurred while the dog was actually performing in that capacity. As used in this subdivision, "provocation" includes, but is not limited to, situations where a dog held on a leash by its owner or custodian reacts in a protective manner to a person or persons who approach the owner or custodian in a threatening manner. (d) Nothing in this section shall be construed to affect the liability of the owner of a dog under Section 399 or any other provision of law. (e) This section shall not apply to a veterinarian or an on-duty animal control officer while in the performance of his or her duties, or to a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, if he or she is assigned to a canine unit. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.