BILL NUMBER: AB 1426	CHAPTERED  10/07/05

	CHAPTER  652
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2005
	APPROVED BY GOVERNOR  OCTOBER 7, 2005
	PASSED THE ASSEMBLY  AUGUST 29, 2005
	PASSED THE SENATE  AUGUST 22, 2005
	AMENDED IN SENATE  JUNE 14, 2005
	AMENDED IN SENATE  JUNE 8, 2005
	AMENDED IN SENATE  MAY 11, 2005

INTRODUCED BY   Assembly Member Liu

                        FEBRUARY 22, 2005

   An act to amend Section 597u of, and to repeal Section 597w of,
the Penal Code, relating to animals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1426, Liu  Animal euthanasia.
   Existing law makes it a crime to engage in acts of animal abuse,
as specified. Existing law makes it a misdemeanor to kill any animal
by the use of carbon monoxide gas.
   This bill would provide that it is also a misdemeanor to kill any
animal by means of an intracardiac injection of a euthanasia agent on
a conscious animal, unless the animal is heavily sedated or
anesthetized in a humane manner, or comatose, or unless, in light of
all the relevant circumstances, the procedure is justifiable. By
creating a new crime, this bill would impose a state-mandated program
upon local governments.
  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 597u of the Penal Code is amended to read:
   597u.  (a) No person, peace officer, officer of a humane society,
or officer of a pound or animal regulation department of a public
agency shall kill any animal by using any of the following methods:
   (1) Carbon monoxide gas.
   (2) Intracardiac injection of a euthanasia agent on a conscious
animal, unless the animal is heavily sedated or anesthetized in a
humane manner, or comatose, or unless, in light of all the relevant
circumstances, the procedure is justifiable.
   (b) With respect to the killing of any dog or cat, no person,
peace officer, officer of a humane society, or officer of a pound or
animal regulation department of a public agency shall use any of the
methods specified in subdivision (a) or any of the following methods:

   (1) High-altitude decompression chamber.
   (2) Nitrogen gas
  SEC. 2.  Section 597w of the Penal Code is repealed.
  SEC. 3.  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.