(1)Existing law requires the Department of Justice to collect data from specified local law enforcement agencies and to present an annual report to the Governor containing the criminal statistics of the preceding calendar year. Existing law requires those law enforcement agencies to install and maintain records needed for the correct reporting of statistical data and to report the data to the Attorney General in the manner the Attorney General prescribes.

This bill would require the departments annual report to the Governor to include information concerning arrests for animal cruelty. Because the bill would require local agencies to collect and report additional information to the Attorney General, this bill would impose a state-mandated local program.

(2)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

(1)Existing law requires the Department of Justice to collect data from specified local law enforcement agencies and to present an annual report to the Governor containing the criminal statistics of the preceding calendar year. Existing law requires those law enforcement agencies to install and maintain records needed for the correct reporting of statistical data and to report the data to the Attorney General in the manner the Attorney General prescribes.

This bill would require the departments annual report to the Governor to include information concerning arrests for animal cruelty. Because the bill would require local agencies to collect and report additional information to the Attorney General, this bill would impose a state-mandated local program.

(2)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

(1)Existing law requires the Department of Justice to collect data from specified local law enforcement agencies and to present an annual report to the Governor containing the criminal statistics of the preceding calendar year. Existing law requires those law enforcement agencies to install and maintain records needed for the correct reporting of statistical data and to report the data to the Attorney General in the manner the Attorney General prescribes.

This bill would require the departments annual report to the Governor to include information concerning arrests for animal cruelty. Because the bill would require local agencies to collect and report additional information to the Attorney General, this bill would impose a state-mandated local program.

(2)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

(3)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law directs the Commission on Peace Officer Standards and Training to establish minimum standards relating to the training of law enforcement officers and establishes standards that are applicable to specific types of cases, including domestic violence. Existing law requires the commission to implement a course or courses of instruction for the training of law enforcement officers in California in the handling of domestic violence complaints and to develop guidelines for law enforcement response to domestic violence. Existing law requires the course of basic training for law enforcement officers to include adequate instruction in specified procedures and techniques, including the legal duties imposed on peace officers in domestic violence cases and the services and facilities available to victims and batterers.

This bill would require the course of basic training for law enforcement officers on domestic violence to include adequate instruction on the seriousness of animal cruelty and its link to violence against humans. The bill would define law enforcement officer for purposes of these domestic violence training requirements to include probation officers. By imposing these training requirements on county probation officers, this 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Date of Hearing: August 3, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 1200

Author:(Jackson) – As Amended Ver:May 31, 2016

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires the annual crime report published by the Department of Justice (DOJ) to include information concerning arrests for animal cruelty.

FISCAL EFFECT:

1. Minor absorbable cost to DOJ to report the required data.
2. Likely minor reimbursable local costs (General Fund) for reporting additional information to DOJ. However, the cost to provide the additional information may be so minor that a claim for reimbursement is not likely.

COMMENTS:

Background and Purpose. Current law requires the DOJ to collect specified crime-related data, and to prepare an annual report of crime-related statistics. This annual report contains statistics, submitted by various state and local agencies, regarding the amount and types of offenses known to public authorities; the personal and social characteristics of criminals and delinquents; the administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents; and the number of citizens' complaints received by law enforcement agencies, as specified. Current law also provides specified punishment for various crimes of animal cruelty.

According to the author, "So evident is the correlation between animal abuse and violence to humans that in 2016 the FBI began collecting data on animal cruelty in the same way as homicide, arson, and assault via its National Incident-Based Reporting System (NIBRS). "

"With the proven correlation between animal abuse and human violence the goal of SB 1200 is to gather accurate data so that we can develop appropriate policies to help reduce the possibility of further acts of violence upon people."

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing: June 28, 2016

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 1200

Author:(Jackson) – As Amended Ver:May 31, 2016

SUMMARY: Requires the annual crime report published by the Department of Justice (DOJ) to include information concerning arrests for animal cruelty.

EXISTING LAW:

1. Requires the DOJ to collect specified crime-related data, and to prepare an annual report of crime-related statistics. (Pen. Code, §13010.)
   
2. Specifies that the DOJ annual report contain statistics regarding the amount and types of offenses known to public authorities; the personal and social characteristics of criminals and delinquents; the administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents; and the number of citizens' complaints received by law enforcement agencies, as specified. (Pen. Code, §13012.)
   
3. Requires every person and agency that deals with crimes or criminals or with delinquency or delinquents to maintain specified records and report statistical data to the DOJ when requested by the Attorney General. (Pen. Code §13020.)
   
4. Provides that every person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal is guilty of a criminal offense and as a felony is punishable by imprisonment in a county jail for 16 months, two, or three years, or by a fine up to $20,000, or by both that fine and imprisonment, or alternatively, as a misdemeanor by imprisonment in a county jail, or by a fine up to $20,000, or by both that fine and imprisonment. (Pen. Code, § 597, subd, (a).)
5. States that when a person overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor is guilty of a criminal offense and as a felony is punishable by imprisonment in a county jail for 16 months, two, or three years, or by a fine up to $20,000, or by both that fine and imprisonment, or alternatively, as a misdemeanor by imprisonment in a county jail, or by a fine up to $20,000, or by both that fine and imprisonment. (Pen. Code, § 597, subd. (b).)
6. Specifies that a person who maliciously and intentionally maims, mutilates, or tortures any mammal, bird, reptile, amphibian, or fish, is a criminal offense and as a felony is punishable by imprisonment in a county jail for 16 months, two, or three years, or by a fine up to $20,000, or by both that fine and imprisonment, or alternatively, as a misdemeanor by imprisonment in a county jail, or by a fine up to $20,000, or by both that fine and imprisonment. (Pen. Code, § 597, subd. (c).)
   
7. Provides that any person that does any of the following is guilty of a felony and is punishable by imprisonment in a county jail for 16 months, two, or three years, or by a fine not to exceed $50,000, or by both imprisonment and a fine:
   
   1. Owns, possesses, keeps, or trains any dog, with the intent that the dog shall be engaged in an exhibition of fighting with another dog;
      
   2. For amusement or gain, causes any dog to fight with another dog, or causes any dogs to injure each other; and,
      
   3. Permits any of the above acts to be done on any premises under his or her control, or aid or abets that act. (Pen. Code, § 597.5, subd. (a).)
      
8. Requires that if a defendant is granted probation for a conviction of animal cruelty, the court shall order the defendant to pay for, and successfully complete, counseling, as determined by the court, designed to evaluate and treat behavior or conduct disorders. If the court finds that the defendant is financially unable to pay for that counseling, the court may develop a sliding fee schedule based upon the defendant's ability to pay. The counseling shall be in addition to any other terms and conditions of probation, including any term of imprisonment and any fine. If the court does not order custody as a condition of probation for a conviction under this section, the court shall specify on the court record the reason or reasons for not ordering custody. This does not apply to cases involving police dogs or horses as described in Section 600. (Pen. Code, § 597, subd. (h).)
   
9. Provides that any person who causes any animal, not including a dog, to fight with another animal, or permits the same to be done on any property under his or her control, or aids or abets the fighting of any animal is guilty of a misdemeanor, punishable by up to one year in the county jail or by a fine not to exceed $10,000, or both imprisonment and a fine. (Pen. Code § 597b, subd. (a).)
   
10. Provides that any person who causes a cock to fight with another cock, or permits the same to be done on any property under his or her control, and any person who aid or abets the fighting of any cock or is present as a spectator is guilty of a misdemeanor, punishable by imprisonment in the county jail not to exceed one year, or by a fine not to exceed $10,000, or by both imprisonment and a fine. (Pen. Code, § 597b, subd. (b).)
    
11. Provides that any person who owns, possesses, keeps or trains any bird or other animal with the intent that that it be used an exhibition of fighting is guilty of a misdemeanor, punishable by imprisonment in the county jail not to exceed one year; by a fine not to exceed $10,000, or by both imprisonment and a fine. (Penal Code Section 597j.)
    

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's Statement: According to the author, "In 2014 a man was arrested and later pleaded guilty to four felony counts and one misdemeanor count, which included: two felony charges of animal cruelty, felony assault by force likely to produce great bodily injury, witness dissuasion and violating a court order. The case involved a man abusing his girlfriend and her five month old puppy. The man broke several of the puppy’s bones, sexually mutilated and used a utility lighter to inflict burns on 80 percent of its body, for which the puppy was later euthanized due to its injuries. The maximum sentence for the crime was seven years and six months in state prison. The judge sentenced him to a year in county jail and five years on probation based on probation officers’ recommendations.
   

"So evident is the correlation between animal abuse and violence to humans that in 2016 the FBI began collecting data on animal cruelty in the same way as homicide, arson, and assault via its National Incident-Based Reporting System (NIBRS).

"Accurate data is important in order to understand the full scope of the problem. Current animal cruelty reporting to the FBI is only on a voluntary basis.

"This bill would require the Department of Justice (DOJ) to include animal cruelty data in its DOJ Data Collection and Reporting Responsibility publication, data that is later forwarded to the Federal Bureau of Investigations (FBI).

"With the proven correlation between animal abuse and human violence the goal of SB 1200 is to gather accurate data so that we can develop appropriate policies to help reduce the possibility of further acts of violence upon people."

1. Related Legislation: SB 1075 (Runner) requires the DOJ to include disaggregated information on child molestation crimes in its annual statewide criminal statistics report. SB 1075 is pending Hearing in the Assembly Appropriations Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

San Francisco SPCA
LIUNA Locals 777 and 792
Marine Humane Society
San Diego Humane Society
City of West Hollywood
Humane Society of the United States
Animal Welfare Institute
American Society for the Prevention of Cruelty to Animals
Animal Legal Defense Fund
Association of Prosecuting Attorneys
Association for Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Riverside Sheriffs Association
Los Angeles Probation Officer's Union, AFSCME Local 685
Association of Deputy District Attorneys
Davey's Voice
Los Angeles County Professional Peace Officers Association
Social Compassion in Legislation
State Humane Association of California
Santa Barbara Women's Political Committee

One Private Individual

Opposition

None

Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744

 THIRD READING  

Bill No: SB 1200

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/12/16

AYES: Hancock, Glazer, Leno, Liu, Monning, Stone

NO VOTE RECORDED: Anderson

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

SUBJECT:

SOURCE: Author

DIGEST: This bill requires that the annual report published by the Department of Justice (DOJ) include information concerning arrests for violations of Penal Code section 597.

ANALYSIS:

Existing law:

1. Provides in Penal Code section 597, except as otherwise provided, that the following crimes are punishable a felony by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than twenty thousand dollars ($20,000), or by both that fine and imprisonment, or alternatively, as a misdemeanor by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars ($20,000), or by both that fine and imprisonment:
   1. Every person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal
   2. Every person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor.
   3. Every person who maliciously and intentionally maims, mutilates, or tortures any mammal, bird, reptile, amphibian, or fish. And, each act of malicious and intentional maiming, mutilating, or torturing a separate specimen of a creature, described therein, is a separate offense.
2. Requires, in Penal Code section 13010, DOJ to:
   1. To collect data necessary for the work of the DOJ from all persons and agencies specified and from any other appropriate source.
   2. To prepare and distribute to all those persons and agencies, cards, forms, or electronic means used in reporting data to the DOJ. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics.
   3. To recommend the form and content of records which must be kept by those persons and agencies in order to ensure the correct reporting of data to the DOJ.
   4. To instruct those persons and agencies in the installation, maintenance, and use of those records and in the reporting of data therefrom to the DOJ.
   5. To process, tabulate, analyze and interpret the data collected from those persons and agencies.
   6. To supply, at their request, to federal bureaus or departments engaged in the collection of national criminal statistics data they need from this state.
   7. To present to the Governor, on or before July 1st, an annual report containing the criminal statistics of the preceding calendar year and to present at other times as the Attorney General may approve reports on special aspects of criminal statistics. A sufficient number of copies of all reports shall be prepared to enable the Attorney General to send a copy to all public officials in the state dealing with criminals and to distribute them generally in channels where they will add to the public enlightenment.

This bill requires that the annual report published by DOJ include information concerning arrests for violations of Penal Code section 597.

Background

There was an animal abuse incident in 2014 that precipitated this legislation:

On May 14, 2014, at 11:02 p.m., Santa Barbara Police officer Josh Morton responded to a local veterinary hospital to investigate a possible case of domestic violence.

What he found would haunt the department, and community members, for months to come.

The Case

The victims were a 5-month-old miniature pinscher puppy named Davey and his owner.

Earlier that day, Duanying Chen, a Chinese immigrant who was taking classes at Santa Barbara City College on a student visa, agreed to watch Davey while his girlfriend was out for the day.

When Chen’s girlfriend came home around 8 p.m., however, she found Davey hiding underneath a table, unable to walk, according to reports. 

Chen reportedly tried to convince her that the dog was injured during a fall from the top of a ping pong table, but after taking Davey to the hospital, the clinic staff determined that the animal had multiple injuries —  broken bones, lacerations and burns, neurological damage, and wounds to the rectum and genitals — consistent with having been abused. 

Further, upon questioning Chen's girlfriend, they suspected that she was the victim of domestic violence. The Santa Barbara Police Department (SBPD) was subsequently notified, and Davey was euthanized a few weeks later due to the extreme level of abuse and the extent of his injuries.

“We don’t often get these types of cases,” said Sgt. Riley Hardwood of the SBPD. “We deal with domestic violence all of the time, but this isn't the type of case that happens often.”

“The combination of two things (animal abuse and domestic violence) is pretty alarming, and a lot of people would say that’s indication of violence in the future,” he continued. 

On May 20, 2014, Chen was arrested for allegedly strangling his girlfriend during a fight and beating, torturing, sexually assaulting and burning Davey.  

The Sentence

In Chen's case, many believe the punishment did not fit the crime.

On May 19, Chen pleaded guilty to four felony counts and one misdemeanor count, including two felony charges of animal cruelty, felony assault by force likely to produce great bodily injury, witness dissuasion and violating a court order, according to Santa Barbara County District Attorney Joyce Dudley. 

Although the case prosecutor argued for the maximum sentence of seven years and six months in state prison, on June 30 Superior Court Judge Brian Hill ordered Chen to serve one year in county jail with five years of probation. 

(Protestors to hold march for abused puppy at SB Courthouse, by Jamie Guista, Santra Maria Times, July 18, 2015; http://santamariatimes.com/ news/protestors-to-hold-march-for-abused-puppy-at-sb-courthouse /article_5772b345-4bcc-5cf1-95da-83f96c29cd 1e.html.)

This bill requires DOJ to include animal cruelty in their annual crime report.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations analysis the fiscal impact includes:

• Data reporting: Likely minor non-reimbursable local costs (Local Funds/General Fund*) for reporting. Staff notes prior decisions issued by the Commission on State Mandates (02-TC-04, 02-TC-11, 07-TC-10) determined the relevant code sections applicable to the provisions of this bill do not impose state-mandated requirements on local agencies, however, these costs could potentially be subject to Proposition 30 funding requirements.
• DOJ annual report: Minor, absorbable costs (General Fund) for DOJ to include arrest data for animal cruelty in its annual report.

*Proposition 30 (2012) exempts the State from mandate reimbursement for realigned programs including the provision of public safety services, including the employment and training of law enforcement personnel, and the related reporting responsibilities of local agencies. However, legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for levels of services mandated by 2011 Realignment Legislation, applies to local agencies only to the extent that the State provides annual funding for the cost increase.

SUPPORT: (Verified 5/31/16)

American Society for the Prevention of Cruelty to Animals

Animal Legal Defense Fund

Animal Welfare Institute

Association of Prosecuting Attorneys

Davey’s Voice

The Humane Society of the United States

LIUNA Locals 777 and 792

Los Angeles County Professional Peace Officers Association

Marin Humane Society

Office of District Attorney, County of Santa Barbara

San Diego Humane Society & SPCA

San Francisco SPCA

Social Compassion in Legislation

Two individuals

OPPOSITION: (Verified 5/31/16)

None received

Prepared by: Jessica Devencenzi / PUB. S. /

5/31/16 20:45:43

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 1200 (Jackson) - Animal cruelty: training: criminal statistics

Bill Summary:

SB 1200 would require the Board of State and Community Corrections (BSCC) to include a requirement for the training of probation officers on domestic violence, including the nexus between animal cruelty and violence against persons. Additionally, this bill would require the Department of Justice (DOJ) to include information concerning arrests for animal cruelty in its annual report, as specified.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 27, 2016

Fiscal Impact:

• Data reporting: Likely minor non-reimbursable local costs (Local Funds/General Fund*) for reporting. Staff notes prior decisions issued by the Commission on State Mandates (02-TC-04, 02-TC-11, 07-TC-10) determined the relevant code sections applicable to the provisions of this bill do not impose state-mandated requirements on local agencies, however, these costs could potentially be subject to Proposition 30 funding requirements.
• DOJ annual report: Minor, absorbable costs (General Fund) for DOJ to include arrest data for animal cruelty in its annual report.

*Proposition 30 (2012) exempts the State from mandate reimbursement for realigned programs including the provision of public safety services, including the employment and training of law enforcement personnel, and the related reporting responsibilities of local agencies. However, legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for levels of services mandated by 2011 Realignment Legislation, applies to local agencies only to the extent that the State provides annual funding for the cost increase.

Committee Amendments:

Strike Section 1 of the bill, which adds Section 6037 to the Penal Code, that requires the BSCC to include a training requirement for probation officers, as specified.

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 1200 (Jackson) - Animal cruelty: training: criminal statistics

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 1200 would require the Board of State and Community Corrections (BSCC) to include a requirement for the training of probation officers on domestic violence, including the nexus between animal cruelty and violence against persons. Additionally, this bill would require the Department of Justice (DOJ) to include information concerning arrests for animal cruelty in its annual report, as specified.

Fiscal Impact:

• BSCC training regulations: One-time minor costs (General Fund) to revise training standards to add the specified training to the minimum standards for training of probation officers.
• Probation officer training: Potentially significant increase in non-reimbursable local costs (Local Funds/General Fund*) for domestic violence training, to the extent probation departments elect to adhere to the revised training standards established by the BSCC.
• Data reporting: Likely minor non-reimbursable local costs (Local Funds/General Fund*) for reporting. Staff notes prior decisions issued by the Commission on State Mandates (02-TC-04, 02-TC-11, 07-TC-10) determined the relevant code sections applicable to the provisions of this bill do not impose state-mandated requirements on local agencies, however, these costs could potentially be subject to Proposition 30 funding requirements.
• DOJ annual report: Minor, absorbable costs (General Fund) for DOJ to include arrest data for animal cruelty in its annual report.

*Proposition 30 (2012) exempts the State from mandate reimbursement for realigned programs including the provision of public safety services, including the employment and training of law enforcement personnel, and the related reporting responsibilities of local agencies. However, legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for levels of services mandated by 2011 Realignment Legislation, applies to local agencies only to the extent that the State provides annual funding for the cost increase.

Background:

Existing law requires the BSCC to adopt, and may from time to time amend, rules establishing minimum standards for the selection and training of local corrections and probation officers (Penal Code (PC) 6035 (a).)

Existing law provides that any city, county, or city and county may adhere to the standards for selection and training established by the BSCC. Minimum training standards may include but are not limited to basic, entry, continuation, supervisory, management, and specialized assignments. (PC 6035 (b)-(c).)

Existing law requires the DOJ to collect data from specified local law enforcement agencies and to present an annual report to the Governor containing the criminal statistics of the preceding calendar year. Existing law requires those law enforcement agencies to install and maintain records needed for the correct reporting of statistical data and to report the data to the Attorney General in the manner the Attorney General prescribes. (PC §§ 13010, 13012, 13020.)

Proposed Law:

This bill requires the BSCC to, as part of the minimum standards for training established, include a requirement for the training of probation officers on domestic violence that shall include, but not be limited to, training on the nexus between animal cruelty and violence against persons. This bill additionally requires the annual report published by the DOJ pursuant to PC § 13010 to include information concerning arrests for violations of animal cruelty (PC § 597).

Staff Comments:

The BSCC has indicated a minor, absorbable impact to incorporate the specified training requirement into the minimum standards of training for probation officers. As noted in the Fiscal Impact section of this analysis, to the extent probation departments adhere to the revised training standards and incur additional training costs as a result of this measure, any increased costs for training could potentially be subject to annual funding from the State for the cost increase pursuant to the provisions of Proposition 30 (2012), as Proposition 30 only speaks to “legislation that has an overall effect of increasing the costs already borne by a local agency,” and not specifically to legislation that mandates new activities or higher levels of service.

The DOJ has indicated minor, absorbable costs to add arrest data for animal cruelty to its annual report. Staff notes any additional workload imposed on local agencies for reporting arrest data for animal cruelty are estimated to be minor and non-reimbursable, as the Commission on State Mandates (CSM) noted the following comments in its prior decisions on law enforcement reporting to the DOJ:

• In its June 26, 2008 determination of 02-TC-04 and 02-TC-11, the Crime Statistics Reports for the Department of Justice test claim, the CSM found that PC § 13012, by itself, does not impose a state-mandated activity on a local government because it only specifies the contents of a DOJ report, and imposes no requirements on a local agency.
• In its determination of 07-TC-10, the CSM further found that PC § 13020 is not a reimbursable state mandate within the meaning of article XIII B, section 6 of the California constitution because the statute existed before 1975, and imposes no new activities on local agencies.

Staff notes that although the additional reporting by law enforcement agencies may not constitute a reimbursable mandate, to the extent the additional reporting requirements increase the overall costs already borne by local agencies for reporting activities, those costs could potentially be subject to annual funding from the State for the cost increase pursuant to the provisions of Proposition 30 (2012).

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: SB 1200 Hearing Date: April 12, 2016

Subject: Peace Officer Standards and Training: Domestic Violence: Animal Cruelty

HISTORY

Source: Author

Prior Legislation: None known

Support: American Society for the Prevention of Cruelty to Animals; Animal Legal Defense Fund; Animal Welfare Institute; Association of Prosecuting Attorneys; The Humane Society of the United States; LIUNA Locals 777 and 792; Marin Humane Society; Office of District Attorney, County of Santa Barbara; San Diego Humane Society & SPCA; San Francisco SPCA; Social Compassion in Legislation; one individual

Opposition: None known

PURPOSE

The purpose of this legislation is to require: (1) the Board of State and Community Corrections (BSCC) to include a requirement for the training of probation officers on domestic violence that includes, but not be limited to, training on the nexus between animal cruelty and violence against persons; and, (2) that the annual report published by the Department of Justice (DOJ) include information concerning arrests for violations of Penal Code section 597.

Existing law states that, for the purpose of raising the level of competence of local corrections and probation officers and other correctional personnel, the BSCC must adopt, and may from time to time amend, rules establishing minimum standards for the selection and training of these personnel employed by any city, county, or city and county who provide for the custody, supervision, treatment, or rehabilitation of persons accused of, or adjudged responsible for, criminal or delinquent conduct who are currently under local jurisdiction. (Penal Code § 6035(a).)

Existing law provides that any city, county, or city and county may adhere to the standards for selection and training established by BSCC. Minimum training standards may include, but are not limited to, basic, entry, continuation, supervisory, management, and specialized assignments. (Penal Code § 6035(b).)

Existing law provides that, except as otherwise provided, the following crimes are punishable a felony by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than twenty thousand dollars ($20,000), or by both that fine and imprisonment, or alternatively, as a misdemeanor by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars ($20,000), or by both that fine and imprisonment:

• Every person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal
• Every person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor.
• Every person who maliciously and intentionally maims, mutilates, or tortures any mammal, bird, reptile, amphibian, or fish. And, each act of malicious and intentional maiming, mutilating, or torturing a separate specimen of a creature, described therein, is a separate offense.

(Penal Code § 597.)

Existing law requires DOJ:

• To collect data necessary for the work of the department from all persons and agencies specified and from any other appropriate source.
• To prepare and distribute to all those persons and agencies, cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics.
• To recommend the form and content of records which must be kept by those persons and agencies in order to ensure the correct reporting of data to the department.
• To instruct those persons and agencies in the installation, maintenance, and use of those records and in the reporting of data therefrom to the department.
• To process, tabulate, analyze and interpret the data collected from those persons and agencies.
• To supply, at their request, to federal bureaus or departments engaged in the collection of national criminal statistics data they need from this state.
• To present to the Governor, on or before July 1st, an annual report containing the criminal statistics of the preceding calendar year and to present at other times as the Attorney General may approve reports on special aspects of criminal statistics. A sufficient number of copies of all reports shall be prepared to enable the Attorney General to send a copy to all public officials in the state dealing with criminals and to distribute them generally in channels where they will add to the public enlightenment.

This bill provides that as part of the minimum standards for training, the BSCC must include a requirement for the training of probation officers on domestic violence that includes, but not be limited to, training on the nexus between animal cruelty and violence against persons.

This bill requires that the annual report published by DOJ include information concerning arrests for violations of section 597.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;
• 141.5% of design bed capacity by February 28, 2015; and,
• 137.5% of design bed capacity by February 28, 2016.

In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)

While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;
• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
• Whether a proposal corrects a constitutional problem or legislative drafting error; and
• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Need for This Legislation

According to the author:

In 2014 a man was arrested and later pleaded guilty to four felony counts and one misdemeanor count, which included: two felony charges of animal cruelty, felony assault by force likely to produce great bodily injury, witness dissuasion and violating a court order. The case involved a man abusing his girlfriend and her five month old puppy. The man broke several of the puppy’s bones, sexually mutilated and used a utility lighter to inflict burns on 80 percent of its body, for which the puppy was later euthanized due to its injuries. The maximum sentence for the crime was seven years and six months in state prison. The judge sentenced him to a year in county jail and five years on probation based on probation officers’ recommendations.

There is overwhelming evidence that [animal abuse] is linked to crimes against people, including violent crimes and domestic violence.^[1] In a 2014 study of men arrested for domestic assault, 41 percent had abused an animal at least once as an adult – compared with only 1.5 percent of men in the general population. A previous study showed that women residing in domestic violence shelters were nearly 11 times more likely to report their partner had hurt or killed a pet than women who had never experienced intimate partner violence. There is evidence that pet abuse is an indicator of heightened danger, and possibly a higher fatality rate, in intimate relationships plagued by violence. A dozen independent studies report that between 18 and 48 percent of battered women have either delayed leaving or returned to an abusive relationship in order to protect their pets.^[2]

So evident is the correlation between animal abuse and violence to humans that in 2016 the FBI began collecting data on animal cruelty in the same way as homicide, arson, and assault via its National Incident-Based Reporting System (NIBRS).^[3]

1. Recent Events

As discussed in the author’s statement, there was an animal abuse incident in 2014 that precipitated this legislation:

On May 14, 2014, at 11:02 p.m., Santa Barbara Police officer Josh Morton responded to a local veterinary hospital to investigate a possible case of domestic violence.

What he found would haunt the department, and community members, for months to come.

The Case

The victims were a 5-month-old miniature pinscher puppy named Davey and his owner.

Earlier that day, Duanying Chen, a Chinese immigrant who was taking classes at Santa Barbara City College on a student visa, agreed to watch Davey while his girlfriend was out for the day.

When Chen’s girlfriend came home around 8 p.m., however, she found Davey hiding underneath a table, unable to walk, according to reports. 

Chen reportedly tried to convince her that the dog was injured during a fall from the top of a ping pong table, but after taking Davey to the hospital, the clinic staff determined that the animal had multiple injuries —  broken bones, lacerations and burns, neurological damage, and wounds to the rectum and genitals — consistent with having been abused. 

Further, upon questioning Chen's girlfriend, they suspected that she was the victim of domestic violence. The Santa Barbara Police Department (SBPD) was subsequently notified, and Davey was euthanized a few weeks later due to the extreme level of abuse and the extent of his injuries.

“We don’t often get these types of cases,” said Sgt. Riley Hardwood of the SBPD. “We deal with domestic violence all of the time, but this isn't the type of case that happens often.”

“The combination of two things (animal abuse and domestic violence) is pretty alarming, and a lot of people would say that’s indication of violence in the future,” he continued. 

On May 20, 2014, Chen was arrested for allegedly strangling his girlfriend during a fight and beating, torturing, sexually assaulting and burning Davey.  

The Sentence

In Chen's case, many believe the punishment did not fit the crime.

On May 19, Chen pleaded guilty to four felony counts and one misdemeanor count, including two felony charges of animal cruelty, felony assault by force likely to produce great bodily injury, witness dissuasion and violating a court order, according to Santa Barbara County District Attorney Joyce Dudley. 

Although the case prosecutor argued for the maximum sentence of seven years and six months in state prison, on June 30 Superior Court Judge Brian Hill ordered Chen to serve one year in county jail with five years of probation. 

(Protestors to hold march for abused puppy at SB Courthouse, by Jamie Guista, Santra Maria Times, July 18, 2015; http://santamariatimes.com/news/protestors-to-hold-march-for-abused-puppy-at-sb-courthouse/article_5772b345-4bcc-5cf1-95da-83f96c29cd 1e.html.)

3. Effect of This Legislation

This legislation seeks to educate probation officers and inform the public on the correlation between animal abuse and domestic violence. To this end, it would require the BSCC, when establishing minimum training standards for probation officers, to include training on domestic violence and the link between domestic violence and animal cruelty. This legislation would, additionally, require DOJ to include annual cruelty in their annual crime report.

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1. The Washington Post, A big win for animals: The FBI now tracks animal abuse like it tracks homicides, (January 2015), at https://www.washingtonpost.com/news/inspired-life/wp/2016/01/06/a-big-win-for-animals-the-fbi-now-tracks-animal-abuse-like-it-tracks-homicides/?wpmm=1&wpisrc=nl_daily202 ↑

2. California Health Report, A perilous link: pet abuse and domestic violence, (September 2015), at http://www.calhealthreport.org/2015/09/27/18281-2/ ↑

3. Federal Bureau of Investigations, News Blog: Tracking Animal Cruelty, (February 2016), at https://www.fbi.gov/news/news_blog/tracking-animal-cruelty ↑