[Cagdu] Fwd: AB1824

Tue Mar 8 14:01:59 PST 2016

Would you or someone please break this information down? In other words what are the nuts and bolts? What exactly is this legislation saying the information is mired in so many points.

I had a side note I am wondering, seriously, how do those of us who are blind identify the people who hurt our dogs? This is been an issue for me in the past.

Best,
Lisa Irving

Sent from my iPhone

> On Mar 8, 2016, at 9:42 AM, Shannon Dillon <shannonldillon at gmail.com> wrote:
> 
> 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
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