[Cagdu] Fwd: AB1824

[Shannon Dillon]

Please see Margie's message below, and the bill below her email.

---------- Forwarded message ----------
From: Margie Donovan <margie.donovan1 at outlook.com>
Date: Mon, 7 Mar 2016 17:25:48 -0800
Subject: AB1824
To: Shannon Dillon <shannonldillon at gmail.com>, tina at nagdu.org

Greetings,



I learned this afternoon that there will be a hearing on AB1824 on the
15th at 9:00. We need to find folks to testify. We also need to get
the word out to puppy raisers. This is a very important bill to
further protect our guides and puppy’s in training.



For your convenience I will past the bill below. Please let me know if
you can attend or if you know puppy raisers that can attend.



Thanks,

Margie





Assembly Bill

No. 1824

Introduced by Assembly Member Chang

February 08, 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.

Digest Key

Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: YES

Bill Text

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 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, while the guide, signal, or service dog is in discharge of its duties.

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) In any case in which a A defendant who is convicted of a violation
of this section,

the defendant 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 causes injury to, or the death of,

any guide, signal, or service dog, as defined by Section 54.1 of the Civil

Code, while the dog is in discharge of its duties, 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) In any case in which a A defendant who is convicted of a violation
of this section,

the defendant 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.

you wodaftertnoon





-- 
SHANNON L. DILLON