BILL NUMBER: SB 986 AMENDED
AMENDED IN SENATE JANUARY 7, 2008
INTRODUCED BY Senator Ridley-Thomas
FEBRUARY 23, 2007
An act to amend Section 878 of the Penal Code, relating
to criminal procedure. An act to amend Section 122350
of the Health and Safety Code, relating to pet stores.
LEGISLATIVE COUNSEL'S DIGEST
SB 986, as amended, Ridley-Thomas. Criminal procedure.
Existing law, operative January 1, 2009, establishes the Pet Store
Animal Care Act, which regulates the care and maintenance of animals
in the custody of a pet store, and provides limits on the sale or
transfer of those animals. The act defines a pet store as any retail
establishment open to the public and selling or offering for sale
This bill would revise the definition of a pet store to exclude
the selling or offering for sale animals for purposes directly
related to an agricultural operation for the commercial growing and
harvesting of crops or the raising of livestock or poultry on a farm
or a ranch.
Existing law provides that on holding a defendant to answer or on
a plea of guilty, the magistrate may take from each of the material
witnesses examined on the part of the people a written undertaking,
to the effect they will appear and testify at the court to which the
depositions and statements or case are to be sent, or forfeit $500,
This bill would make several technical, nonsubstantive changes to
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 122350 of the Health
and Safety Code is amended to read:
122350. As used in this act, the following definitions apply:
(a) "Adequate space" means sufficient height and sufficient
floorspace for the animals to stand up, sit down and turn about
freely using normal body movements without the head touching the top
of the primary enclosure; lie down with limbs outstretched and
exercise normal postural movement, and move about freely as
appropriate for the species, age, size, and condition of the animal,
and when appropriate, to experience socialization with other animals,
if any, in the primary enclosure. However, when freedom of movement
would endanger the animal, temporarily and appropriately restricting
movement of the animal in a humane manner is permitted.
(b) "Animal" means any nonhuman vertebrate species housed, offered
for sale or adoption, or both, in the pet store, including, but not
limited to, mammals, birds, reptiles, amphibians, fish, and also
invertebrates housed, sold, or adopted as pets.
(c) "Disposition" means the transfer of an animal from a pet store
to another location, including the sale or adoption of the animal,
the return of the animal to the person who supplied the animal to the
pet store, or removal from the pet store of any animal that is
deceased for any reason, including euthanasia.
(d) "Enrichment" means providing objects or activities,
appropriate with the needs of the species, as well as the age, size,
and condition of the animal, that stimulate the animal and promote
the animal's well-being.
(e) "Euthanasia" or "euthanize" means the humane destruction of an
animal in compliance with the requirements set forth in paragraph
(5) of subdivision (b) of Section 122354.
(f) "Impervious to moisture" means a surface that prevents the
absorption of fluids and that can be thoroughly and repeatedly
sanitized, will not retain odors, and from which fluids bead up and
run off or can be removed without being absorbed into the surface
(g) "Intact" means an animal that retains its sexual organs or
ability to procreate and has not been sterilized.
(h) "Person" means any individual, partnership, firm, joint-stock
company, corporation, association, trust, estate, or other legal
(i) "Pet store" means a retail establishment open to the public
and selling or offering for sale animals for purposes that are
not directly related to an agricultural operation for the commercial
growing and harvesting of crops or the raising of livestock or
poultry on a farm or a ranch . Any person who sells, exchanges,
or otherwise transfers only animals that were bred or raised, or
both, by the person, or sells or otherwise transfers only animals
kept primarily for reproduction, shall be considered a breeder and
not a pet store.
(j) "Pet store operator" or "operator" means a person who owns or
operates a pet store, or both.
(k) "Primary enclosure" means any structure used to immediately
restrict an animal or animals to a limited amount of space, such as a
room, pen, cage, aquarium, terrarium, habitat compartment or hutch,
where the animal or animals reside until their sale, transfer, or
(l) "Rodent" means an animal of the order Rodentia, such as a
guinea pig, rat, mouse, chinchilla, or hamster.
(m) "Sanitize" means to make physically clean and to destroy, to
the extent practical, agents injurious to health.
(n) "Temporary enclosure" means a confined space used by the pet
store to house an animal when the animal is not in its primary
enclosure for a period not to exceed four consecutive hours. The
temporary enclosure shall allow the animals to stand up, lie down,
and turn around. Any enclosure used by the pet store to house an
animal for longer than four consecutive hours shall meet the
requirements of a primary enclosure.
(o) "Time of sale" means the calendar date the retail purchaser
removes the animal from the premises of the pet store following the
retail sale of that animal.
(p) "Transfer" means the release of an animal by its owner to
another person by sale, gift, adoption, or other disposition,
including the exchange of animals between pet stores.
(q) "Veterinary treatment" means treatment by or at the direction
of a California-licensed veterinarian.
SECTION 1. Section 878 of the Penal Code is
amended to read:
878. On holding the defendant to answer or on a plea of guilty
where permitted by law, the magistrate may take from each of the
material witnesses examined before him or her on the part of the
people a written undertaking, to the effect that he or she will
appear and testify at the court to which the depositions and
statements or case are to be sent, or that he or she will forfeit the
sum of five hundred dollars ($500).