Crimes: animal cruelty.

Existing law makes it a crime to maliciously and intentionally maim, mutilate, torture, or wound a living animal, or maliciously and intentionally kill an animal. Existing law also makes it a crime to overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance, drink, or shelter, cruelly beat, mutilate, or cruelly kill an animal. Existing law makes these crimes punishable as a felony by imprisonment in the county jail for 16 months, 2, or 3 years, or as a misdemeanor punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than $20,000, or by both that fine and either imprisonment. Existing law requires a defendant granted probation for a conviction of the above crimes to also complete counseling unless the violation involved police dogs or police horses. This bill would require defendants granted probation for a violation of the above provisions involving police dogs or police horses to also receive counseling. Existing law makes it a crime to own, possess, keep, or train any dog with the intent that the dog shall be engaged in an exhibition of fighting with another dog. Existing law additionally makes it a crime to, for amusement or gain, cause any dog to fight with another dog, or cause any dog to injure another dog. Existing law also makes it a crime for a person to permit either of these acts to be done on premises under his or her charge or control, or to aid or abet either act. Existing law additionally makes it a crime to willfully and maliciously and with no legal justification take specified actions, including strike, beat, and hurl or project objects at, any horse or dog under the supervision of a peace officer in the discharge or attempted discharge of his or her duties. Existing law further makes any person who intentionally causes injury to or the death of any guide, signal, or service dog, as defined, while the dog is in discharge of its duties, guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding one year, or by a fine of not more than $10,000, or by both a fine and that imprisonment. This bill would require defendants granted probation for a conviction under the above crimes to additionally participate in and successfully complete counseling, as specified. By imposing additional duties on local governments, this bill would create a state-mandated local program. Existing law makes it a crime to commit various forms of animal abuse, including, among other things, causing bulls or bears to fight, keeping birds with intent that they be used for an exhibition of fighting, or willfully abandoning an animal. This bill would require, upon conviction of specified types of animal abuse but prior to sentencing, the court to order the person convicted to submit to a psychiatric or psychological examination, to be provided by and paid for by the court. The bill would require the court to consider the result of the examination in determining a sentence. 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.