AB 794: Criminal acts against law enforcement animals.

Existing law makes it a crime punishable by a fine or imprisonment, or both, to willfully and maliciously and with no legal justification strike, beat, kick, cut, stab, shoot with a firearm, administer any poison or other harmful or stupefying substance to, or throw, hurl, or project at, or place any rock, object, or other substance which is used in such a manner as to be capable of producing injury and likely to produce injury, on or in the path of, a horse being used by, or any dog under the supervision of, any peace officer in the discharge or attempted discharge of his or her duties. Existing law also makes it a crime punishable by imprisonment in a county jail for not exceeding one year, or by a fine not exceeding $1,000, or by both a fine and imprisonment, to willfully and maliciously and with no legal justification interfere with or obstruct a horse or dog being used by a peace officer in the discharge or attempted discharge of his or her duties by frightening, teasing, agitating, harassing, or hindering the horse or dog. Existing law requires a person who is convicted of a crime pursuant to these provisions to make restitution to the agency owning the animal and employing the peace officer for any veterinary bills, replacement costs of the animal if it is disabled or killed, and the salary of the peace officer for the period of time his or her services are lost to the agency.

This bill would additionally make those crimes applicable when those acts are carried out against a horse or dog being used by, or under the supervision of, a volunteer who is acting under the direct supervision of a peace officer in the discharge or attempted discharge of his or her assigned volunteer duties. The bill would also require a defendant convicted of those acts to pay restitution for a horse or dog that is used by, or under the supervision of, a volunteer who is acting under the direct supervision of a peace officer, as specified. By expanding the scope of existing crimes, the bill would impose a state-mandated local program.

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.