BILL NUMBER: AB 1122	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 27, 2009

   An act to add Section 597.4 to the Penal Code, relating to
animals.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1122, as introduced, Lieu. Animal abuse: sale of live animals:
flea markets.
   Existing law proscribes animal abuse, as specified, including the
failure to maintain and care for the premises and animals at pet
shops. Existing law also generally provides that a pet store shall
not sell, offer for sale, trade, or barter any dog or cat that is
under 8 weeks of age, but may sell, offer for sale, trade, or barter
a dog or cat over 8 weeks of age only if the animal is weaned.
   This bill would provide, in addition and with specified
exceptions, that it shall be a crime, punishable as specified, for
any person to willfully sell, trade, barter, display, or offer for
sale, trade, or barter, or give away as part of a commercial
transaction a live animal on any street, highway, public
right-of-way, commercial parking lot, or at any outdoor special sale,
swap meet, flea market, parking lot sale, carnival, or boardwalk.
The bill would provide that a notice describing the charge and the
penalty for a violation of this bill may be issued by a peace
officer, animal control officer, or humane officer. By creating a new
crime and by imposing new duties on local animal control officers,
this 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
   AB 1122, as introduced, Lieu. Animal abuse: sale of live animals:
flea markets.
   Existing law proscribes animal abuse, as specified, including the
failure to maintain and care for the premises and animals at pet
shops. Existing law also generally provides that a pet store shall
not sell, offer for sale, trade, or barter any dog or cat that is
under 8 weeks of age, but may sell, offer for sale, trade, or barter
a dog or cat over 8 weeks of age only if the animal is weaned.
   This bill would provide, in addition and with specified
exceptions, that it shall be a crime, punishable as specified, for
any person to willfully sell, trade, barter, display, or offer for
sale, trade, or barter, or give away as part of a commercial
transaction a live animal on any street, highway, public
right-of-way, commercial parking lot, or at any outdoor special sale,
swap meet, flea market, parking lot sale, carnival, or boardwalk.
The bill would provide that a notice describing the charge and the
penalty for a violation of this bill may be issued by a peace
officer, animal control officer, or humane officer. By creating a new
crime and by imposing new duties on local animal control officers,
this 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.
   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 597.4 is added to the Penal Code, to read:
   597.4.  (a) It shall be unlawful for any person to willfully sell,
trade, barter, display, or offer for sale, trade, or barter, or give
away as part of a commercial transaction a live animal on any
street, highway, public right-of-way, commercial parking lot, or at
any outdoor special sale, swap meet, flea market, parking lot sale,
carnival, or boardwalk.
   (b) (1) A person who violates this section for the first time
shall be guilty of an infraction punishable by a fine not to exceed
two hundred fifty dollars ($250).
   (2) A person who violates this section for the first time and by
that violation either causes or permits any animal to suffer or be
injured, or causes or permits any animal to be placed in a situation
in which its life or health may be endangered shall be guilty of a
misdemeanor.
   (3) A person who violates this section for a second or subsequent
time shall be guilty of a misdemeanor.
   (c) A person who is guilty of a misdemeanor violation of this
section shall be punishable by a fine not to exceed one thousand
dollars ($1,000) per violation; the court shall weigh the gravity of
the violation in setting the fine.
   (d) A notice describing the charge and the penalty for a violation
of this section may be issued by any peace officer; animal control
officer, as defined in Section 830.9; or humane officer qualified
pursuant to Section 14502 or 14503 of the Corporations Code.
   (e) This section shall not apply to the following:
   (1) An event held primarily for the auction or sale of
agricultural livestock.
   (2) A tax-exempt nonprofit organization founded for the prevention
of cruelty to animals.
   (3) A public animal control department.
   (f) Nothing in this section shall be construed to in any way limit
or affect the application or enforcement of any other law that
protects animals or the rights of consumers, including, but not
limited to, the Lockyer-Polanco-Farr Pet Protection Act contained in
Article 2 (commencing with Section 122125) of Chapter 5 of Part 6 of
Division 105 of the Health and Safety Code, or Sections 597 and 597l
of this code.
   (g) Nothing in this chapter limits or authorizes any act or
omission that violates Section 597 or 5971 of this code, or any other
local, state, or federal law. The procedures set forth in this
section shall not apply to any civil violation of any other local,
state, or federal law that protects animals or the rights of
consumers, or to a violation of Section 597 or 5971 of this code,
which is cited or prosecuted pursuant to one or both of those
sections, or to a violation of any other local, state, or federal law
that is cited or prosecuted pursuant to that law.
  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.

  SECTION 1.  Section 597.4 is added to the Penal Code, to read:
   597.4.  (a) It shall be unlawful for any person to willfully sell,
trade, barter, display, or offer for sale, trade, or barter, or give
away as part of a commercial transaction a live animal on any
street, highway, public right-of-way, commercial parking lot, or at
any outdoor special sale, swap meet, flea market, parking lot sale,
carnival, or boardwalk.
   (b) (1) A person who violates this section for the first time
shall be guilty of an infraction punishable by a fine not to exceed
two hundred fifty dollars ($250).
   (2) A person who violates this section for the first time and by
that violation either causes or permits any animal to suffer or be
injured, or causes or permits any animal to be placed in a situation
in which its life or health may be endangered shall be guilty of a
misdemeanor.
   (3) A person who violates this section for a second or subsequent
time shall be guilty of a misdemeanor.
   (c) A person who is guilty of a misdemeanor violation of this
section shall be punishable by a fine not to exceed one thousand
dollars ($1,000) per violation; the court shall weigh the gravity of
the violation in setting the fine.
   (d) A notice describing the charge and the penalty for a violation
of this section may be issued by any peace officer; animal control
officer, as defined in Section 830.9; or humane officer qualified
pursuant to Section 14502 or 14503 of the Corporations Code.
   (e) This section shall not apply to the following:
   (1) An event held primarily for the auction or sale of
agricultural livestock.
   (2) A tax-exempt nonprofit organization founded for the prevention
of cruelty to animals.
   (3) A public animal control department.
   (f) Nothing in this section shall be construed to in any way limit
or affect the application or enforcement of any other law that
protects animals or the rights of consumers, including, but not
limited to, the Lockyer-Polanco-Farr Pet Protection Act contained in
Article 2 (commencing with Section 122125) of Chapter 5 of Part 6 of
Division 105 of the Health and Safety Code, or Sections 597 and 597l
of this code.
   (g) Nothing in this chapter limits or authorizes any act or
omission that violates Section 597 or 5971 of this code, or any other
local, state, or federal law. The procedures set forth in this
section shall not apply to any civil violation of any other local,
state, or federal law that protects animals or the rights of
consumers, or to a violation of Section 597 or 5971 of this code,
which is cited or prosecuted pursuant to one or both of those
sections, or to a violation of any other local, state, or federal law
that is cited or prosecuted pursuant to that law.
  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.