Bill Text: CA AB1824 | 2015-2016 | Regular Session | Enrolled
Bill Title: Guide, signal, or service dogs: injury or death.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Vetoed) 2016-09-24 - Vetoed by Governor. [AB1824 Detail]
Download: California-2015-AB1824-Enrolled.html
BILL NUMBER: AB 1824 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN SENATE MAY 31, 2016
INTRODUCED BY Assembly Member Chang
(Coauthors: Assembly Members Baker, Lackey, and Maienschein)
(Coauthors: Senators Cannella and Fuller)
FEBRUARY 8, 2016
An act to amend Sections 600.2 and 600.5 of the Penal Code,
relating to guide, signal, or service dogs, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1824, Chang. Guide, signal, or service dogs: injury or death.
Under existing law, it is an infraction or a misdemeanor for any
person to permit any dog that is owned, harbored, or controlled by
him or her to cause injury to, or the death of, any guide, signal, or
service dog, as defined, while the guide, signal, or service dog is
in discharge of its duties. Existing law makes any person who
intentionally causes injury to, or the death of, any guide, signal,
or service dog, as defined, while the dog is in discharge of its
duties, guilty of a misdemeanor.
This bill would delete, from both crimes, the requirement that the
guide, signal, or service dog be in discharge of its duties when the
injury or death occurs and would make these crimes applicable to the
injury or death of dogs that are enrolled in a training school or
program for guide, signal, or service dogs, as specified. The bill
would also instead make any person who willfully, knowingly, or
recklessly causes injury to, or the death of, any of the specified
dogs guilty of a misdemeanor.
Under existing law, if a defendant is convicted of either of these
crimes, the defendant is required to make restitution to the person
with a disability who has custody or ownership of the dog for any
veterinary bills and replacement costs of the dog if it is disabled
or killed, or other reasonable costs deemed appropriate by the court.
This bill would require the defendant, convicted of either crime,
to also make restitution to the person for medical or medical-related
expenses, or for loss of wages or income, incurred by the person as
a direct result of the crime.
Because this bill would expand the scope and penalties of existing
crimes, it would impose a state-mandated local program.
Existing law provides for the compensation of victims and
derivative victims of certain crimes by the California Victim
Compensation Board from the Restitution Fund, a continuously
appropriated fund, for specified losses suffered as a result of those
crimes. Existing law authorizes the person with a disability in
either of the above crimes to apply for compensation by the board in
an amount not to exceed $10,000.
By expanding the authorization for the use of moneys in the
continuously appropriated Restitution Fund, this bill would make an
appropriation.
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.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 600.2 of the Penal Code is amended to read:
600.2. (a) It is a crime for any person to permit any dog that is
owned, harbored, or controlled by him or her to cause injury to, or
the death of, any guide, signal, or service dog, as defined by
Section 54.1 of the Civil Code.
(b) A violation of this section is an infraction punishable by a
fine not to exceed two hundred fifty dollars ($250) if the injury or
death to any guide, signal, or service dog is caused by the person's
failure to exercise ordinary care in the control of his or her dog.
(c) A violation of this section is a misdemeanor if the injury or
death to any guide, signal, or service dog is caused by the person's
reckless disregard in the exercise of control over his or her dog,
under circumstances that constitute such a departure from the conduct
of a reasonable person as to be incompatible with a proper regard
for the safety and life of any guide, signal, or service dog. A
violation of this subdivision shall be punishable by imprisonment in
a county jail not exceeding one year, or by a fine of not less than
two thousand five hundred dollars ($2,500) nor more than five
thousand dollars ($5,000), or both. The court shall consider the
costs ordered pursuant to subdivision (d) when determining the amount
of any fines.
(d) A defendant who is convicted of a violation of this section
shall be ordered to make restitution to the person with a disability
who has custody or ownership of the guide, signal, or service dog for
any veterinary bills and replacement costs of the dog if it is
disabled or killed, medical or medical-related expenses incurred by
the person with a disability as a direct result of a violation of
this section, loss of wages or income incurred by the person with a
disability as a direct result of a violation of this section, or
other reasonable costs deemed appropriate by the court. The costs
ordered pursuant to this subdivision shall be paid prior to any
fines. The person with the disability may apply for compensation by
the California Victim Compensation Board pursuant to Chapter 5
(commencing with Section 13950) of Part 4 of Division 3 of Title 2 of
the Government Code, in an amount not to exceed ten thousand dollars
($10,000).
(e) For the purpose of this section, a "guide, signal, or service
dog" also includes a dog enrolled in a training school or program,
located in this state, for guide, signal, or service dogs.
SEC. 2. Section 600.5 of the Penal Code is amended to read:
600.5. (a) Any person who willfully, knowingly, or recklessly
causes injury to, or the death of, any guide, signal, or service dog,
as defined by Section 54.1 of the Civil Code, is guilty of a
misdemeanor, punishable by imprisonment in a county jail not
exceeding one year, or by a fine not exceeding ten thousand dollars
($10,000), or by both a fine and imprisonment. The court shall
consider the costs ordered pursuant to subdivision (b) when
determining the amount of any fines.
(b) A defendant who is convicted of a violation of this section
shall be ordered to make restitution to the person with a disability
who has custody or ownership of the dog for any veterinary bills and
replacement costs of the dog if it is disabled or killed, medical or
medical-related expenses incurred by the person with a disability as
a direct result of a violation of this section, loss of wages or
income incurred by the person with a disability as a direct result of
a violation of this section, or other reasonable costs deemed
appropriate by the court. The costs ordered pursuant to this
subdivision shall be paid prior to any fines. The person with the
disability may apply for compensation by the California Victim
Compensation Board pursuant to Chapter 5 (commencing with Section
13950) of Part 4 of Division 3 of Title 2 of the Government Code, in
an amount not to exceed ten thousand dollars ($10,000).
(c) For the purpose of this section, a "guide, signal, or service
dog" also includes a dog enrolled in a training school or program,
located in this state, for guide, signal, or service dogs.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.
