California Legislature—2015–16 Regular Session

Assembly BillNo. 794


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, as introduced, 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, any 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 any 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 police observer 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 police observer, 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

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SECTION 1.  

Section 600 of the Penal Code is amended to
2read:

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600.  

(a) Any person who willfully and maliciously and with
4no legal justification strikes, beats, kicks, cuts, stabs, shoots with
5a firearm, administers any poison or other harmful or stupefying
6substance to, or throws, hurls, or projects at, or places any rock,
7object, or other substance which is used in such a manner as to be
8capable of producing injury and likely to produce injury, on or in
9the path of, any horse being used by, orbegin delete anyend deletebegin insert aend insert dog under the
10supervision of,begin delete anyend deletebegin insert aend insert peace officer in the discharge or attempted
11discharge of his or her duties,begin insert or a volunteer police observer in
12the discharge or attempted discharge of his or her assigned
13volunteer duties,end insert
is guilty of a public offense. If the injury inflicted
14is a serious injury, asbegin delete definedend deletebegin insert describedend insert in subdivision (c), the
15person shall be punished by imprisonment pursuant to subdivision
16(h) of Section 1170 for 16 months, two or three years, or in a
17county jail for not exceeding one year, or by a fine not exceeding
18two thousand dollars ($2,000), or by both a fine and imprisonment.
19If the injury inflicted is not a serious injury, the person shall be
20punished by imprisonment in the county jail for not exceeding one
21 year, or by a fine not exceeding one thousand dollars ($1,000), or
22by both a fine and imprisonment.

P3    1(b) Any person who willfully and maliciously and with no legal
2justification interferes with or obstructsbegin delete anyend deletebegin insert aend insert horse or dog being
3used bybegin delete anyend deletebegin insert aend insert peace officer in the discharge or attempted discharge
4of his or her dutiesbegin insert, or a volunteer police observer in the discharge
5or attempted discharge of his or her assigned volunteer duties,end insert
by
6frightening, teasing, agitating, harassing, or hindering the horse
7or dog shall be punished by imprisonment in a county jail for not
8exceeding one year, or by a fine not exceeding one thousand dollars
9($1,000), or by both a fine and imprisonment.

10(c) Any person who, in violation of this section, and with intent
11to inflict that injury or death, personally causes the death,
12destruction, or serious physical injury including bone fracture, loss
13or impairment of function of any bodily member, wounds requiring
14extensive suturing, or serious crippling, ofbegin delete anyend deletebegin insert aend insert horse or dog,
15shall, upon conviction of a felony under this section, in addition
16and consecutive to the punishment prescribed for the felony, be
17punished by an additional term of imprisonment pursuant to
18subdivision (h) of Section 1170 for one year.

19(d) Any person who, in violation of this section, and with the
20intent to inflict that injury, personally causes great bodily injury,
21as defined in Section 12022.7, to any person not an accomplice,
22shall, upon conviction of a felony under this section, in addition
23and consecutive to the punishment prescribed for the felony, be
24punished by an additional term of imprisonment in the state prison
25for two years unless the conduct described in this subdivision is
26an element of any other offense of which the person is convicted
27or receives an enhancement under Section 12022.7.

28(e) begin deleteIn any case in which a end deletebegin insertA end insertdefendantbegin delete isend delete convicted of a violation
29of this sectionbegin delete, the defendantend delete shall be ordered to make restitution
30to the agency owning the animal and employing the peacebegin delete officerend delete
31begin insert officer, to a volunteer police observer who is using his or her horse
32or supervising his or her dog in the performance of his or her
33assigned duties, or to the agency that provides, or the individual
34who provides, veterinary health care coverage or veterinary care
35for a horse or dog being used by, or under the supervision of, a
36volunteer police observerend insert
for any veterinary bills, replacement
37costs of the animal if it is disabled or killed,begin delete andend deletebegin insert and, if applicable,end insert
38 the salary of the peace officer for the period of time his or her
39services are lost to the agency.

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SEC. 2.  

No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.



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