HomeMy WebLinkAboutMINUTES - 06021987 - S.9 TO: BOARD OF SUPERVISORS _
FROM: Supervisor Nancy C. Fanden contra
Costa
DATE: l
June 2, 1987 County
SENATE BILL 1623 INTRODUCED BY SENATOR ROBERTI
SUBJECT: CRIMES: DOGS: FIGHTING
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
REQUEST:
That the County Administrator review SB 1623, an act to
amend Section 597. 5 of the Penal Code, relating to crimes.
BACKGROUND:
Existing law provides that any person who engages in any of
a list of specified acts relating to the fighting of dogs is
guilty of a crime punishable by imprisonment in a county
jail not to exceed one year, or by a fine not to exceed
$50,000, or by both the fine and imprisonment.
This bill would elevate each of these offenses to a felony
and would provide that an offender is punishable by
imprisonment in the state prison for 16 months, or 2 or 3
years, or by a fine not to exceed $50,000, or by both the
fine and imprisonment.
This bill would cover anyone who owns, possesses, keeps or
trains any dog, with the intent that the dog shall be
engaged in an exhibition of fighting with another dog.
Attached is a copy of SB 1623
CONTINUED ON ATTACHMENT:_>( YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON June 2, 1987 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT I ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED
--" -_t P' Eitchelo-, Clerk of the Board of
SL;;ervisors and County Administrator
M382/7-e8 BY DEPUTY
AMENDED IN SENATE APRIL 20, 1987
SENATE BILL No. 1623
Introduced by Senator Roberti
March 6, 1987
An act to amend Section 597b 597.5 of the Penal Code,
relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 1623, as amended, Roberti. Crimes: aniiltals dogs:
fighting.
E36e4rg lam p des airy person who;for affittseffient.
or gain,e&uses Veeified e ftght3 or ries ow des;
eg eauses werry eT-inittry te;any of these speei€ied apAffials,er
aids; abets, er is present as a speetater a-, the fighting of
e I . g of these spm aftimeAs, is g of a
wAsdeffleatter.
Tkis b44 wou4d elevate eaeh e€ these etimes f-e r a
misdemeafter to a felemy.
Existing law provides that any person who engages in any
of list of specified acts relating to the fighting ofdogs is guilty
of a crime punishable by imprisonment in a county jail not to
exceed one year, or by a fine not to exceed$50;000, or by both
the fine and imprisonment.
This bill would elevate each of these offenses to a felony and
would provide that an offender is punishable by
imprisonmentin the state prison for 16months, or 2 or 3 years,
or by a fine not to exceed $50,000, or by both the fine and
imprisonment.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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SB 1623 —2—
The
2—The people of the State of California do enact as follows.
1 SEGTIQN -1- £eetiee 597-b 4 tke Penal Cede 3s
2 SECTION 1. Section 597.5 of the Penal Code is
3 amended to read.
4 597.5. (a) Any person who does any of the following
5 is guilty of . a eriffie felony and is punishable by
6 imprisonment in a eettnty ja4 to exeeed eee ye state
7 prison for 16 months, or two or three years, or by a fine
8 not to exceed fifty thousand dollars ($50,000), or by both
9 such fine and imprisonment:
10 (1) Owns, possesses, keeps, or trains any dog, with the
11 intent that seek the dog shall be engaged in an exhibition
12 of fighting with another dog.
13 (2) For amusement or gain, causes any dog to fight
14 with another dog, or causes any dogs to injure each other.
15 (3) Permits any act in violation of paragraph (1) or (2)
16 to be done on any premises under his or her charge or
17 control, or aids'or abets ftfty stteh that act.
18 (b) Any person who is knowingly present, as a t
19 spectatot, at any place, building, or tenement where
20 preparations are being made for an exhibition of the
21 fighting of dogs, with the intent to be present at sweh
22 those preparations, or is knowingly present at seek that
23 exhibition or at any other fighting or injuring as described
24 in paragraph (2) of subdivision (a), with the intent to be
25 present at seeh that exhibition, fighting, or injuring, is
26 guilty of a misdemeanor.
27 (c) Nothing in this section shall prohibit any of the
28 following:
29 (1) The use of dogs in the management of livestock, as
30 defined by Section 14205 of the Food and Agricultural
31 Code, by the owner of wdeh the livestock or his or her
32 employees or agents or other persons.in lawful custody
33 thereof.
34 (2) The use of dogs in hunting as permitted by the Fish
35 and Game Code, including, but not limited to, Sections
36 3286, 3509, 3510, 4002, and 4756, and by the rules and
37 regulations of the Fish and Game Commission.
38 (3) The training of dogs or the use of equipment in the
98 90
-3— SB 1623
{� 1 training of dogs for any purpose not prohibited by law.
2 amende to read-
3 5W-b- Any persett ;fer er ears
4 arty bt4, bear; eeele; or ether wtiftal; net itteluditig arty
5 deg;to filth+with line kiwi of etn4ftal er ere attire;of eattses
6 any st}eh atm; ineluding mi-y dog-, to figh+ with a
7 different k4nd e€animal er e, er with arty huffian
8 beteg;er whe, fer affitt efnen er,gain-werries er
9 airy staeh btu bear; eeel-; deg er ether er ea+
10 arty stteh bull; bear; eeel-, er ether animal; net ittelttding
11 any deg; to werry of injure eaeh ether-, and any pensee
12 whe per-tnits the sage to be dere en any premises tm Elr
13 his eharge er eentrel;and any persee whe aids; abets;er
14 is present at %teh fighting er aerryirtg e€S. aniffial er
15 erreattire, as a speeta€er; is guilty e€ a fele ty.
O
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