Today's Law As Amended

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AB-169 Guide, signal, and service dogs: injury or death.(2019-2020)



SECTION 1.

 Section 600.2 of the Penal Code is amended to read:

600.2.
 (a) It is a crime for any a  person to permit any a  dog which that  is owned, harbored, or controlled by him or her  the person  to cause injury to to,  or the death of any of, a  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. dog. 
(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 a  guide, signal, or service dog is caused by the person’s failure to exercise ordinary care in the control of his or her  the person’s  dog.
(c) A violation of this section is a misdemeanor if the injury or death to any a  guide, signal, or service dog is caused by the person’s reckless disregard in the exercise of control over his or her  the person’s  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 a  guide, signal, or service dog. A violation of this subdivision shall be  is  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.  both that fine and imprisonment.  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 defendant  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  bills,  replacement costs of the dog if it is disabled or killed, or  medical or medical-related expenses of the person with a disability, loss of wages or income of the person with a disability, 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) “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, 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) Any A  person who intentionally causes injury to to,  or the death of any of, a  guide, signal, or service dog, as defined by Section 54.1 of the Civil Code, while the dog is in discharge of its duties, is  dog 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 that  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 defendant  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  bills,  replacement costs of the dog if it is disabled or killed, or  medical or medical-related expenses of the person with a disability, loss of wages or income of the person with a disability, 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) “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, 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.