Bill Text: CA AB1824 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1824	AMENDED
	BILL TEXT

	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, as amended, 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  which   that  is
owned, harbored, or controlled by him or her to cause injury 
to   to,  or the death  of  
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
  to,  or the death  of   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 and Government Claims 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.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: 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
 which   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 and Government Claims 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  intentionally  
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 and Government Claims 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.