Today's Law As Amended


PDF |Add To My Favorites | print page

AB-1824 Guide, signal, or service dogs: injury or death.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 600.2 of the Penal Code is amended to read:

600.2.
 (a) It is a crime for a any  person to permit a any  dog that is owned, harbored, or controlled by the person  him or her  to cause injury to, or the death of, a any  guide, signal, or service dog. dog, as defined by Section 54.1 of the Civil 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 a any  guide, signal, or service dog is caused by the person’s failure to exercise ordinary care in the control of the person’s  his or her  dog.
(c) A violation of this section is a misdemeanor if the injury or death to a any  guide, signal, or service dog is caused by the person’s reckless disregard in the exercise of control over the person’s  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 a any  guide, signal, or service dog. A violation of this subdivision is  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 that fine and imprisonment.  both.  The court shall consider the costs ordered pursuant to subdivision (d) when determining the amount of any fines.
(d) A defendant who is convicted of a violation of this 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,  bills and  replacement costs of the dog if it is disabled or killed, medical or medical-related expenses of  incurred by  the person with a disability,  disability as a direct result of a violation of this section,  loss of wages or income of  incurred by  the person with a disability,  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 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 purposes of this section, the following definitions apply:
(1) (e)  “Guide, signal, or service dog” means a guide dog, signal dog, or service dog, as defined in Section 54.1 of the Civil Code. “Guide, 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.
(2) “Located in this state” includes the training of a guide, signal, or service dog that occurs in this state, even if the training school or program is located in another state.
(3) “Loss of wages or income” means wages or income that are lost by the person with a disability as a direct result of a violation of this section.
(4) “Replacement costs” means all costs that are incurred in the replacement of the guide, signal, or service dog, including, but not limited to, the training costs for a new dog, if needed, the cost of keeping the now-disabled dog in a kennel while the handler travels to receive the new dog, and, if needed, the cost of the travel required for the handler to receive the new dog.

SEC. 2.

 Section 600.5 of the Penal Code is amended to read:

600.5.
 (a) A Any  person who intentionally  willfully, knowingly, or recklessly  causes injury to, or the death of, a any  guide, signal, or service dog  dog, as defined by Section 54.1 of the Civil 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 that a  fine and imprisonment. The court shall consider the costs ordered pursuant to subdivision (b) when determining the amount of any fines.
(b) A defendant who is convicted of a violation of this 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,  bills and  replacement costs of the dog if it is disabled or killed, medical or medical-related expenses of  incurred by  the person with a disability,  disability as a direct result of a violation of this section,  loss of wages or income of  incurred by  the person with a disability,  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 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 purposes of this section, the following definitions apply:
(1) (c)  “Guide, signal, or service dog” means a guide dog, signal dog, or service dog, as defined in Section 54.1 of the Civil Code. “Guide, 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.
(2) “Located in this state” includes the training of a guide, signal, or service dog that occurs in this state, even if the training school or program is located in another state.
(3) “Loss of wages or income” means wages or income that are lost by the person with a disability as a direct result of a violation of this section.
(4) “Replacement costs” means all costs that are incurred in the replacement of the guide, signal, or service dog, including, but not limited to, the training costs for a new dog, if needed, the cost of keeping the now-disabled dog in a kennel while the handler travels to receive the new dog, and, if needed, the cost of the travel required for the handler to receive the new dog.
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.