California Legislature—2015–16 Regular Session

Assembly BillNo. 1824


Introduced by Assembly Member Chang

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 introduced, 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 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.

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: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 600.2 of the Penal Code is amended to
2read:

3

600.2.  

(a) It is a crime for any person to permit any dog which
4is owned, harbored, or controlled by him or her to cause injury tobegin insert,end insert
5 or the death ofbegin insert,end insert any guide, signal, or service dog, as defined by
6Section 54.1 of the Civilbegin delete Code, while the guide, signal, or service
7dog is in discharge of its duties.end delete
begin insert Code.end insert

8(b) A violation of this section is an infraction punishable by a
9 fine not to exceed two hundred fifty dollars ($250) if the injury or
10death to any guide, signal, or service dog is caused by the person’s
11failure to exercise ordinary care in the control of his or her dog.

12(c) A violation of this section is a misdemeanor if the injury or
13death to any guide, signal, or service dog is caused by the person’s
14reckless disregard in the exercise of control over his or her dog,
15under circumstances that constitute such a departure from the
16conduct of a reasonable person as to be incompatible with a proper
P3    1regard for the safety and life of any guide, signal, or service dog.
2A violation of this subdivision shall be punishable by imprisonment
3in a county jail not exceeding one year, or by a fine of not less
4than two thousand five hundred dollars ($2,500) nor more than
5five thousand dollars ($5,000), or both. The court shall consider
6the costs ordered pursuant to subdivision (d) when determining
7the amount of any fines.

8(d) begin deleteIn any case in which a end deletebegin insertA end insertdefendantbegin insert whoend insert is convicted of a
9violation of thisbegin delete section, the defendantend deletebegin insert sectionend insert shall be ordered to
10make restitution to the person with a disability who has custody
11or ownership of the guide, signal, or service dog for any veterinary
12bills and replacement costs of the dog if it is disabled or killed,
13begin insert medical or medical-related expenses incurred by the person with
14a disability as a direct result of a violation of this section, loss of
15wages or income incurred by the person with a disability as a
16direct result of a violation of this section,end insert
or other reasonable costs
17deemed appropriate by the court. The costs ordered pursuant to
18this subdivision shall be paid prior to any fines. The person with
19the disability may apply for compensation by the California Victim
20Compensation and Government Claims Board pursuant to Chapter
215 (commencing with Section 13950) of Part 4 of Division 3 of
22Title 2 of the Government Code, in an amount not to exceed ten
23thousand dollars ($10,000).

begin insert

24(e) For the purpose of this section, a “guide, signal, or service
25dog” also includes a dog enrolled in a training school or program,
26located in this state, for guide, signal, or service dogs.

end insert
27

SEC. 2.  

Section 600.5 of the Penal Code is amended to read:

28

600.5.  

(a) Any person who intentionally causes injury tobegin insert,end insert or
29the death ofbegin insert,end insert any guide, signal, or service dog, as defined by Section
3054.1 of the Civilbegin delete Code, while the dog is in discharge of its duties,end delete
31begin insert Code,end insert is guilty of a misdemeanor, punishable by imprisonment in
32a county jail not exceeding one year, or by a fine not exceeding
33ten thousand dollars ($10,000), or by both a fine and imprisonment.
34The court shall consider the costs ordered pursuant to subdivision
35(b) when determining the amount of any fines.

36(b) begin deleteIn any case in which a end deletebegin insertA end insertdefendantbegin insert whoend insert is convicted of a
37violation of this begin delete section, the defendantend delete begin insert sectionend insert shall be ordered to
38make restitution to the person with a disability who has custody
39or ownership of the dog for any veterinary bills and replacement
40costs of the dog if it is disabled or killed,begin insert medical or
P4    1medical-related expenses incurred by the person with a disability
2as a direct result of a violation of this section, loss of wages or
3income incurred by the person with a disability as a direct result
4of a violation of this section,end insert
or other reasonable costs deemed
5appropriate by the court. The costs ordered pursuant to this
6subdivision shall be paid prior to any fines. The person with the
7disability may apply for compensation by the California Victim
8Compensation and Government Claims Board pursuant to Chapter
95 (commencing with Section 13950) of Part 4 of Division 3 of
10Title 2 of the Government Code, in an amount not to exceed ten
11thousand dollars ($10,000).

begin insert

12(c) For the purpose of this section, a “guide, signal, or service
13dog” also includes a dog enrolled in a training school or program,
14located in this state, for guide, signal, or service dogs.

end insert
15

SEC. 3.  

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.



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