BILL NUMBER: AB 1857	CHAPTERED  09/29/04

	CHAPTER  876
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2004
	PASSED THE SENATE  AUGUST 24, 2004
	PASSED THE ASSEMBLY  MAY 17, 2004

INTRODUCED BY   Assembly Member Koretz

                        FEBRUARY 2, 2004

   An act to add Section 597.6 to the Penal Code, relating to
animals.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1857, Koretz.  Animal cruelty:  exotic or native wild cat
species: declawing.
   Existing law proscribes cruelty to animals, as specified.
   This bill would make it a misdemeanor, punishable as specified,
for any person to perform, procure, or arrange for surgical claw
removal, declawing, onychectomy, or tendonectomy on an exotic or
native wild cat species, as defined, or from altering such a cat's
toes, claws, or paws in order to prevent their normal functioning.
The bill would exempt from the prohibition procedures performed
solely for a therapeutic purpose, as defined.  Because a violation of
this prohibition would be a crime, 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 597.6 is added to the Penal Code, to read:
   597.6.  (a) (1) No person may perform, or otherwise procure or
arrange for the performance of, surgical claw removal, declawing,
onychectomy, or tendonectomy on any cat that is a member of an exotic
or native wild cat species, and shall not otherwise alter such a cat'
s toes, claws, or paws to prevent the normal function of the cat's
toes, claws, or paws.
   (2) This subdivision does not apply to a procedure performed
solely for a therapeutic purpose.
   (b) Any person who violates this section is guilty of a
misdemeanor punishable by imprisonment in a county jail for a period
not to exceed one year, by a fine of ten thousand dollars ($10,000),
or by both that imprisonment and fine.
   (c) For purposes of this section, the following terms have the
following meanings:
   (1) "Declawing" and "onychectomy" mean any surgical procedure in
which a portion of the animal's paw is amputated in order to remove
the animal's claws.
   (2) "Tendonectomy" means a procedure in which the tendons to an
animal's limbs, paws, or toes are cut or modified so that the claws
cannot be extended.
   (3) "Exotic or native wild cat species" include all members of the
taxonomic family Felidae, except domestic cats (Felis catus or Felis
domesticus) or hybrids of wild and domestic cats that are greater
than three generations removed from an exotic or native cat.  "Exotic
or native wild cat species" include, but are not limited to, lions,
tigers, cougars, leopards, lynxes, bobcats, caracals, ocelots,
margays, servals, cheetahs, snow leopards, clouded leopards, jungle
cats, leopard cats, and jaguars, or any hybrid thereof.
   (4) "Therapeutic purpose" means for the purpose of addressing an
existing or recurring infection, disease, injury, or abnormal
condition in the claw that jeopardizes the cat's health, where
addressing the infection, disease, injury, or abnormal condition is a
medical necessity.
  SEC. 2.  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.