BILL NUMBER: AB 777	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 22, 2007

   An act to amend Section 596.5 of the Penal Code, relating to
animal cruelty.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 777, as introduced, Levine. Animal cruelty: elephants.
   Existing law makes it a misdemeanor for an owner or manager of an
elephant to abuse an elephant, as specified.
   This bill would prohibit specified conduct in relation to housing,
possessing, contacting, or traveling with, an elephant and would
require a person or entity who possesses, keeps, or maintains an
elephant at a stationary facility to meet certain conditions at the
facility, as specified. This bill would also subject any person or
entity who engages in the prohibited conduct or who fails to meet the
specified conditions to misdemeanor penalties.
   Because this bill would create new 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 596.5 of the Penal Code is amended to read:
   596.5.   (a)    It shall be  a
misdemeanor for any owner or manager of an elephant to engage in
abusive behavior towards the elephant, which behavior shall include
the discipline of the elephant by any of the following methods
  unlawful for any person or entity who houses,
possesses, is in contact with, or travels with, an elephant within
the state to engage in any of the following with relation to the
elephant  : 
   (a) 
    (1)  Deprivation of food, water, or rest. 
   (b) 
    (2)  Use of electricity. 
   (c) 
    (3)  Physical punishment resulting in damage, scarring,
or breakage of skin. 
   (d) 
    (4)  Insertion of any instrument into any bodily
orifice. 
   (e) 
    (5)  Use of martingales. 
   (f) 
    (6)  Use of block and tackle. 
   (7) Use of any implement or device on an elephant that may
reasonably result in harm to the elephant, including, but not limited
to, damage, scarring, or breakage of an elephant's skin. Any
implement or device that is used, purchased, contrived, or
constructed for the purpose of shocking, poking, striking, hitting,
stabbing, piercing, pinching, or other physical contact with an
elephant shall be deemed to be an implement or device that may
reasonably result in harm to an elephant. For purposes of this
paragraph, an implement or device that may reasonably result in harm
to an elephant includes, but is not limited to, a bullhook, ankus, or
other similar device.  
   (8) Possession of any implement or device on an elephant that may
reasonably result in harm to the elephant, including, but not limited
to, the damage, scarring, or breakage of the elephant's skin. Any
implement or device that is used, purchased, contrived, or
constructed for the purpose of shocking, poking, striking, hitting,
stabbing, piercing, pinching, or other physical contact with an
elephant shall be deemed to be an implement or device that may
reasonably result in harm to an elephant. For purposes of this
paragraph, an implement or device that may reasonably result in harm
to an elephant includes, but is not limited to, a bullhook, ankus, or
other similar device.  
   (9) Use of a chain or similar device to restrain an elephant,
except if utilized for the shortest amount of time necessary to
provide actual medical treatment.  
   (b) Any person or entity that possesses, keeps, or maintains an
elephant at a stationary facility shall meet all of the following
conditions:  
   (1) Allow elephants in the facility to walk an average of at least
five miles per day, demonstrable through the use of a global
positioning system or other comparable technology.  
   (2) Provision of a variety of enrichment activities designed to
provide an elephant with exercise and mental stimulation. The
enrichment activities may include, but are not limited to, hiding
food in the enclosure to force the animal to seek out the food
source, remote dispensers of food throughout the enclosure that
dispense food at irregular times, devices, or stimuli that allow the
animals to safely play.  
   (3) Provision of a bath, pool, or lake within the facility that is
at least seven feet in depth and large enough to allow the largest
elephant to submerge at least 75 percent of the elephant's body.
 
   (4) The majority of the facility's exterior substrate walkable
areas must be of an appropriate, soft, natural substrate which will
not cause or aggravate problems with the elephant's feet and allows
for the normal wear of feet. The planting of natural and nonharmful
grasses and shrubs is encouraged, but where this is not possible, the
substrate shall be rototilled to prevent the surface from becoming
hard packed. The rototilling shall be done on a daily basis when
possible, but no less than once a week.  
   (5) Except when necessary for immediate medical treatment of an
elephant, no portion of the enclosure, including, but not limited to,
any interior area designed to house an elephant overnight, may have
a substrate consisting entirely of concrete, metal, or gravel. The
majority of the interior area shall consist of an appropriate, soft
substrate, such as rubber matting.  
   (c) (1) No person or entity that possesses, keeps, or maintains
one or more elephants at a stationary facility shall be required to
comply with subdivision (b) until the person or entity expends
capital funds for the purpose of expanding or renovating the elephant
enclosure. A person or entity that expends capital funds prior to
the effective date of this chapter for the purpose of expanding or
renovating the elephant enclosure is not required to comply with
subdivision (b) unless additional capital funds are expended for that
purpose after the effective date of this chapter.  
   (2) Capital funds shall not be deemed expended for the purpose of
expanding or renovating the elephant enclosure if the funds are
expended only for necessary repairs to the facility, so long as the
basic size and nature of the enclosure is not changed.  
   (d) (1) Any person or entity who violates any provision of this
section is guilty of a misdemeanor.  
   (2) Each day that a violation continues shall constitute a
separate and distinct offense.  
   (e) Nothing in this section shall prevent any prosecution under
Section 597. 
  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.