Amended in Assembly April 13, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2052


Introduced by Assembly Member Williams

February 17, 2016


An act to add Section 597.8 to the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 2052, as amended, Williams. begin deleteAnimal cruelty. end deletebegin insertSentencing: animal abuse and cruelty.end insert

Existing law makes it a crime, punishable as specified, to commit various forms of animal abuse, includingbegin insert, among others,end insert maliciously or intentionally maiming or killing an animal and dogfighting.

begin delete

This bill would require, upon conviction of specified types of animal abuse but prior to sentencing, the court to order the person convicted to submit to a psychiatric or psychological examination, to be provided and paid for by the court. The bill would require the court to consider the result of the examination in determining a sentence.

end delete
begin insert

This bill would require a person sentenced for 2 or more current convictions for specified animal abuse and animal cruelty offenses to be sentenced to consecutive terms of imprisonment.

end insert
begin insert

By requiring consecutive terms of imprisonment in a county jail for certain convictions, this bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 597.8 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
2

begin insert597.8.end insert  

A person sentenced for two or more current convictions
3for the following offenses, in any combination, shall be sentenced
4to consecutive terms of imprisonment:

5
(a) A violation of Section 597.

6
(b) A violation of Section 597.5.

7
(c) A violation of Section 597a.

8
(d) A violation of Section 597b.

end insert
9begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.

end insert
begin delete18

SECTION 1.  

Section 597.8 is added to the Penal Code, to read:

19

597.8.  

Upon conviction pursuant to subdivision (a) or (b) of
20Section 597 or Section 597a, 597b, 597h, 597j, 597s, or 597.1, but
21prior to sentencing, the court shall order the person convicted to
22submit to a psychiatric or psychological examination. All
23examinations shall be provided and paid for by the court. The
24results of the examination shall be sent by the examining
25psychologist or psychiatrist to the court and to the attorneys for
26the prosecution and the defense. The court shall consider the results
27of the examination in determining a sentence.

end delete


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