California 2017-2018 Regular Session Status: To Executive Bipartisan · 2 R · 1 D cosponsors

AB 1865 — Guide, signal, and service dogs: injury or death.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Under existing law, it is an infraction or a misdemeanor for any person to permit any dog that is owned, harbored, or controlled by him or her to cause injury to, or the death of, any guide, signal, or service dog, as defined, while the guide, signal, or service dog is in discharge of its duties. Existing law 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. Under existing law, if a defendant is convicted of either of these crimes, the defendant is required to make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed, or other reasonable costs deemed appropriate by the court. Existing law provides for the compensation of victims of certain crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law authorizes the person with a disability in either of the above crimes to apply for compensation by the board for veterinary bills and replacement costs if the dog is disabled or killed, or other reasonable costs, as specified, in an amount not to exceed $10,000. This bill would delete, from both crimes, the requirement that the guide, signal, or service dog be in discharge of its duties when the injury or death occurs and would make these crimes applicable to the injury or death of dogs that are enrolled in a training school or program for guide, signal, or service dogs, as specified. The bill would require the defendant, convicted of either crime, to also make restitution to the person for medical or medical-related expenses, or for loss of wages or income, incurred by the person as a direct result of the crime. The bill would authorize the disabled person to apply for compensation from the California Victim Compensation Board and would authorize the board to pay compensation for medical and medical-related expenses, and loss of wages or income incurred by the person with a disability as a direct result of a violation of those criminal provisions, in an amount not to exceed $10,000. By expanding the authorization for the use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation. Because this bill would expand the scope and penalties of existing crimes, it 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. This bill would incorporate additional changes to Section 13955 of the Government Code proposed by Senate Bill 1494 to be operative only if this bill and SB 1494 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 13957 of the Government Code proposed by SB 1005, AB 900, and AB 1939 to be operative only if this bill and any or all of those bills are enacted and this bill is enacted last.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 3 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6832.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5811.).

  6. Read second time. Ordered to third reading.

  7. Read third time and amended. Ordered to second reading.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 7. Noes 0.) (August 16).

  10. In committee: Referred to APPR. suspense file.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (May 15).

  13. Referred to Com. on PUB. S.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 4643.)

  16. Read second time. Ordered to Consent Calendar.

  17. From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (April 4).

  18. Re-referred to Com. on APPR.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 6). Re-referred to Com. on APPR.

  21. Coauthors revised.

  22. Referred to Com. on PUB. S.

  23. From printer. May be heard in committee February 12.

  24. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 114 not signed on

Sponsors (1)

Co-sponsors (7)

Not signed on (114)

114 members have not signed on to this bill.

Show all 114 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1865 LACKEY Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 57001
Democratic 16000
Republican 6000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Kiley — Yea
Low — Yea
Mathis — Yea
O'Donnell — Yea
Quirk — Yea
Steinorth — Yea
Thurmond — Yea
Wood — Yea
Chau — Yea
Chu — Yea
Gloria — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Rodriguez — Yea
Gonzalez Fletcher — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Fong — Yea
Salas — Yea
Burke — Yea
Gray — Yea
Rubio — Yea
Rivas — Yea
Friedman — Yea
Harper — Yea
Holden — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Levine — Yea
Maienschein — Yea
McCarty — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Waldron — Yea
Weber — Yea
Bigelow — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Cunningham — Yea
Daly — Yea
Eggman — Not Voting
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB1865 Lackey et al. By Wiener

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bradford — Yea
Hertzberg — Yea
Leyva — Yea
Morrell — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Delgado — Yea
Galgiani — Yea
Dodd — Yea
Monning — Yea
Pan — Yea
Cannella — Yea
De León — Yea
Mitchell — Yea
Hernandez — Yea
Hill — Yea
Allen — Yea
Chang — Yea
Portantino — Yea
Hueso — Yea
Atkins — Yea
Lara — Yea
Bates — Yea
Beall — Yea
Moorlach — Yea
Nielsen — Yea
Vidak — Yea
Wilk — Yea
Fuller — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Nielsen — Yea
Portantino — Yea
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Bradford — Yea
Hill — Yea
Bates — Yea
Nielsen — Yea
Portantino — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1865 LACKEY Consent Calendar Second Day

Passed 68 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 14001
Unaffiliated 48008
Republican 6000
Total 68009
% of votes cast 88%0%0%12%
How each member voted (77)
Member Party Vote
Baker — Yea
Bigelow — Yea
Bloom — Not Voting
Brough — Yea
Holden — Yea
Kiley — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Yea
Santiago — Not Voting
Voepel — Yea
Wood — Yea
Chau — Yea
Chu — Yea
Gloria — Yea
Mayes — Yea
Medina — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Gonzalez Fletcher — Yea
Fong — Yea
Salas — Yea
Acosta — Yea
Burke — Yea
Friedman — Yea
Harper — Yea
Rubio — Yea
Jones-Sawyer — Not Voting
Levine — Yea
Low — Not Voting
McCarty — Yea
Gray — Not Voting
Melendez — Yea
Mullin — Not Voting
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Steinorth — Not Voting
Waldron — Yea
Weber — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Not Voting
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11002
Republican 1000
Democratic 3000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Nazarian — Not Voting
Chau — Yea
Friedman — Yea
Fong — Yea
Gonzalez Fletcher — Yea
Obernolte — Yea
Quirk — Yea
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Eggman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1865 do?
Under existing law, it is an infraction or a misdemeanor for any person to permit any dog that is owned, harbored, or controlled by him or her to cause injury to, or the death of, any guide, signal, or service dog, as defined, while the guide, signal, or service dog is in discharge of its duties. Existing law 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. Under existing law, if a defendant is convicted of either of these crimes, the defendant is required to make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed, or other reasonable costs deemed appropriate by the court. Existing law provides for the compensation of victims of certain crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law authorizes the person with a disability in either of the above crimes to apply for compensation by the board for veterinary bills and replacement costs if the dog is disabled or killed, or other reasonable costs, as specified, in an amount not to exceed $10,000. This bill would delete, from both crimes, the requirement that the guide, signal, or service dog be in discharge of its duties when the injury or death occurs and would make these crimes applicable to the injury or death of dogs that are enrolled in a training school or program for guide, signal, or service dogs, as specified. The bill would require the defendant, convicted of either crime, to also make restitution to the person for medical or medical-related expenses, or for loss of wages or income, incurred by the person as a direct result of the crime. The bill would authorize the disabled person to apply for compensation from the California Victim Compensation Board and would authorize the board to pay compensation for medical and medical-related expenses, and loss of wages or income incurred by the person with a disability as a direct result of a violation of those criminal provisions, in an amount not to exceed $10,000. By expanding the authorization for the use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation. Because this bill would expand the scope and penalties of existing crimes, it 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. This bill would incorporate additional changes to Section 13955 of the Government Code proposed by Senate Bill 1494 to be operative only if this bill and SB 1494 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 13957 of the Government Code proposed by SB 1005, AB 900, and AB 1939 to be operative only if this bill and any or all of those bills are enacted and this bill is enacted last.
Who sponsors AB 1865?
AB 1865 is sponsored by Baker, Choi, Steven S. (Republican), Jones-Sawyer, Lackey, Tom (Republican), Mathis, Quirk, Wiener, Scott D. (Democratic), and Wilk.
What is the current status of AB 1865?
This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1865?
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