Bill Text: CA AB794 | 2015-2016 | Regular Session | Chaptered
Bill Title: Criminal acts against law enforcement animals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-08-13 - Chaptered by Secretary of State - Chapter 201, Statutes of 2015. [AB794 Detail]
Download: California-2015-AB794-Chaptered.html
BILL NUMBER: AB 794 CHAPTERED
BILL TEXT
CHAPTER 201
FILED WITH SECRETARY OF STATE AUGUST 13, 2015
APPROVED BY GOVERNOR AUGUST 13, 2015
PASSED THE SENATE JULY 6, 2015
PASSED THE ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Linder
FEBRUARY 25, 2015
An act to amend Section 600 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 794, Linder. Criminal acts against law enforcement animals.
Existing law makes it a crime punishable by a fine or
imprisonment, or both, to willfully and maliciously and with no legal
justification strike, beat, kick, cut, stab, shoot with a firearm,
administer any poison or other harmful or stupefying substance to, or
throw, hurl, or project at, or place any rock, object, or other
substance which is used in such a manner as to be capable of
producing injury and likely to produce injury, on or in the path of,
a horse being used by, or any dog under the supervision of, any peace
officer in the discharge or attempted discharge of his or her
duties. Existing law also makes it a crime punishable by imprisonment
in a county jail for not exceeding one year, or by a fine not
exceeding $1,000, or by both a fine and imprisonment, to willfully
and maliciously and with no legal justification interfere with or
obstruct a horse or dog being used by a peace officer in the
discharge or attempted discharge of his or her duties by frightening,
teasing, agitating, harassing, or hindering the horse or dog.
Existing law requires a person who is convicted of a crime pursuant
to these provisions to make restitution to the agency owning the
animal and employing the peace officer for any veterinary bills,
replacement costs of the animal if it is disabled or killed, and the
salary of the peace officer for the period of time his or her
services are lost to the agency.
This bill would additionally make those crimes applicable when
those acts are carried out against a horse or dog being used by, or
under the supervision of, a volunteer who is acting under the direct
supervision of a peace officer in the discharge or attempted
discharge of his or her assigned volunteer duties. The bill would
also require a defendant convicted of those acts to pay restitution
for a horse or dog that is used by, or under the supervision of, a
volunteer who is acting under the direct supervision of a peace
officer, as specified. By expanding the scope of existing crimes, the
bill would impose a state-mandated local program.
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. Section 600 of the Penal Code is amended to read:
600. (a) Any person who willfully and maliciously and with no
legal justification strikes, beats, kicks, cuts, stabs, shoots with a
firearm, administers any poison or other harmful or stupefying
substance to, or throws, hurls, or projects at, or places any rock,
object, or other substance which is used in such a manner as to be
capable of producing injury and likely to produce injury, on or in
the path of, a horse being used by, or a dog under the supervision
of, a peace officer in the discharge or attempted discharge of his or
her duties, or a volunteer who is acting under the direct
supervision of a peace officer in the discharge or attempted
discharge of his or her assigned volunteer duties, is guilty of a
public offense. If the injury inflicted is a serious injury, as
described in subdivision (c), the person shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170 for 16
months, two or three years, or in a county jail for not exceeding one
year, or by a fine not exceeding two thousand dollars ($2,000), or
by both a fine and imprisonment. If the injury inflicted is not a
serious injury, the person shall be punished by imprisonment in the
county jail for not exceeding one year, or by a fine not exceeding
one thousand dollars ($1,000), or by both a fine and imprisonment.
(b) Any person who willfully and maliciously and with no legal
justification interferes with or obstructs a horse or dog being used
by a peace officer in the discharge or attempted discharge of his or
her duties, or a volunteer who is acting under the direct supervision
of a peace officer in the discharge or attempted discharge of his or
her assigned volunteer duties, by frightening, teasing, agitating,
harassing, or hindering the horse or dog shall be punished by
imprisonment in a county jail for not exceeding one year, or by a
fine not exceeding one thousand dollars ($1,000), or by both a fine
and imprisonment.
(c) Any person who, in violation of this section, and with intent
to inflict that injury or death, personally causes the death,
destruction, or serious physical injury including bone fracture, loss
or impairment of function of any bodily member, wounds requiring
extensive suturing, or serious crippling, of a horse or dog, shall,
upon conviction of a felony under this section, in addition and
consecutive to the punishment prescribed for the felony, be punished
by an additional term of imprisonment pursuant to subdivision (h) of
Section 1170 for one year.
(d) Any person who, in violation of this section, and with the
intent to inflict that injury, personally causes great bodily injury,
as defined in Section 12022.7, to any person not an accomplice,
shall, upon conviction of a felony under this section, in addition
and consecutive to the punishment prescribed for the felony, be
punished by an additional term of imprisonment in the state prison
for two years unless the conduct described in this subdivision is an
element of any other offense of which the person is convicted or
receives an enhancement under Section 12022.7.
(e) A defendant convicted of a violation of this section shall be
ordered to make restitution to the agency owning the animal and
employing the peace officer, to a volunteer who is acting under the
direct supervision of a peace officer who is using his or her horse
or supervising his or her dog in the performance of his or her
assigned duties, or to the agency that provides, or the individual
who provides, veterinary health care coverage or veterinary care for
a horse or dog being used by, or under the supervision of, a
volunteer who is acting under the direct supervision of a peace
officer for any veterinary bills, replacement costs of the animal if
it is disabled or killed, and, if applicable, the salary of the peace
officer for the period of time his or her services are lost to the
agency.
SEC. 2. 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.
