BILL NUMBER: AB 2098	CHAPTERED
	BILL TEXT

	CHAPTER  194
	FILED WITH SECRETARY OF STATE  JULY 22, 2008
	APPROVED BY GOVERNOR  JULY 22, 2008
	PASSED THE SENATE  JULY 2, 2008
	PASSED THE ASSEMBLY  MAY 15, 2008
	AMENDED IN ASSEMBLY  APRIL 23, 2008
	AMENDED IN ASSEMBLY  APRIL 9, 2008
	AMENDED IN ASSEMBLY  MARCH 25, 2008

INTRODUCED BY   Assembly Member Krekorian
   (Coauthors: Assembly Members Huffman, Leno, and Portantino)
   (Coauthor: Senator Romero)

                        FEBRUARY 19, 2008

   An act to amend Section 599f of the Penal Code, relating to
animals.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2098, Krekorian. Animals: nonambulatory: cruelty.
   Existing law prohibits a nonfederally inspected slaughterhouse,
stockyard, or auction from buying, selling, or receiving
nonambulatory animals, as defined.
   This bill would instead prohibit a slaughterhouse, stockyard,
auction, market agency, or dealer from buying, selling, or receiving
a nonambulatory animal. It would also prohibit a slaughterhouse from
processing, butchering, or selling meat or products of nonambulatory
animals for human consumption.
   Existing law also prohibits a slaughterhouse, stockyard, auction,
market agency, or dealer from holding a nonambulatory animal without
taking immediate action to humanely euthanize the animal or remove
the animal from the premises. Existing law makes a violation of those
provisions a misdemeanor.
   This bill would revise and recast those provisions. It would
prohibit a slaughterhouse from holding a nonambulatory animal without
taking immediate action to humanely euthanize the animal. It would
also require a stockyard, auction, market agency, or dealer, holding
a nonambulatory animal, to take immediate action to either humanely
euthanize the animal or provide immediate veterinary treatment. This
bill would also prohibit a person from selling, consigning, or
shipping a nonambulatory animal, or receiving such an animal for
transport or delivery, to a slaughterhouse, stockyard, auction,
market agency, or dealer. The bill would make these crimes punishable
by imprisonment in a county jail for a period not to exceed one
year, by a $20,000 fine, or by both that fine and imprisonment, as
specified. By changing the scope of crimes, 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 599f of the Penal Code is amended to read:
   599f.  (a) No slaughterhouse, stockyard, auction, market agency,
or dealer shall buy, sell, or receive a nonambulatory animal.
   (b) No slaughterhouse shall process, butcher, or sell meat or
products of nonambulatory animals for human consumption.
   (c) No slaughterhouse shall hold a nonambulatory animal without
taking immediate action to humanely euthanize the animal.
   (d) No stockyard, auction, market agency, or dealer shall hold a
nonambulatory animal without taking immediate action to humanely
euthanize the animal or to provide immediate veterinary treatment.
   (e) While in transit or on the premises of a stockyard, auction,
market agency, dealer, or slaughterhouse, a nonambulatory animal may
not be dragged at any time, or pushed with equipment at any time, but
shall be moved with a sling or on a stoneboat or other sled-like or
wheeled conveyance.
   (f) No person shall sell, consign, or ship any nonambulatory
animal for the purpose of delivering a nonambulatory animal to a
slaughterhouse, stockyard, auction, market agency, or dealer.
   (g) No person shall accept a nonambulatory animal for transport or
delivery to a slaughterhouse, stockyard, auction, market agency, or
dealer.
   (h) A violation of this section is subject to imprisonment in the
county jail for a period not to exceed one year, or by a fine of not
more than twenty thousand dollars ($20,000), or by both that fine and
imprisonment.
   (i) As used in this section, "nonambulatory" means unable to stand
and walk without assistance.
   (j) As used in this section, "animal" means live cattle, swine,
sheep, or goats.
   (k) As used in this section, "humanely euthanized" means to kill
by a mechanical, chemical, or electrical method that rapidly and
effectively renders the animal insensitive to pain.
  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.