BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2012|
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THIRD READING
Bill No: AB 2012
Author: Lieu (D)
Amended: 04/28/10 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-1, 6/22/10
AYES: Leno, Cogdill, Cedillo, Hancock, Steinberg, Wright
NOES: Huff
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 60-10, 5/24/10 - See last page for vote
SUBJECT : Criminal procedure: cruelty to animals
SOURCE : American society for the Prevention of Cruelty
to Animals
Los Angeles Society for Prevention of Cruelty
to Animals
State Humane Association of California
DIGEST : This bill conforms the misdemeanor penalty for
overloading, torturing, tormenting, et cetera, and animal
to other subdivisions within the same section thus allowing
for up to one year in jail for the misdemeanor portion of
the existing wobbler.
ANALYSIS : Existing law states that any person that is
knowingly present, as a spectator, at any place, building,
or tenement where preparations are being made for an
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exhibition of the fighting of dogs, with the intent to be
present at those preparations, or is knowingly present at
the exhibition, fighting or injuring with the intent to be
present at the exhibition, fighting, or injuring is guilty
of a misdemeanor punishable by imprisonment in a county
jail not to exceed one year, or by a fine not exceeding
$5,000, or by both. (Penal Code Section 597.5(b).)
Existing law provides that any person who causes any
animal, not including a dog, to fight with another animal,
or permits the same to be done on any property under his or
her control, or aids or abets the fighting of any animal is
guilty of a misdemeanor, punishable by up to one year in
the county jail or by a fine not to exceed $5,000; or both.
(Penal Code Section 597b(a).)
Existing law provides that any person who causes a cock to
fight with another cock, or permits the same to be done on
any property under his or her control, and any person who
aid or abets the fighting of any cock or is present as a
spectator is guilty of a misdemeanor, punishable by
imprisonment in the county jail not to exceed one year, or
by a fine not to exceed $5,000, or by both. (Penal Code
Section 597b(b).)
Existing law provides that any person who is knowingly
present as a spectator at any place, building, or tenement
for an exhibition of animal fighting, or who is knowingly
present at that exhibition, or is knowingly present where
preparations are being made for the exhibition, fighting,
or injuring of an animal is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed
six months, or by a fine not exceeding $1,000, or by both.
(Penal Code Section 597c.)
Existing law provides that any person who owns, possesses,
keeps or trains any bird or other animal with the intent
that that it be used in an exhibition of fighting is guilty
of a misdemeanor, punishable by imprisonment in the county
jail not to exceed one year, by a fine not to exceed
$5,000, or by both. (Penal Code Section 597j.)
Existing law provides that every person who maliciously and
intentionally maims, mutilates, tortures, or wounds a
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living animal or maliciously and intentionally kills an
animal is guilty of either a misdemeanor or felony,
punishable by imprisonment in a county jail for up to one
year and/or by a fine up to $20,000, or by imprisonment in
state prison for 16 months, two or three years and/or a
fine up to $20,000. (Penal Code Section 597(a).)
Existing law provides that every person who maliciously and
intentionally maims, mutilates, or tortures any mammal,
bird, reptile, amphibian, or fish is guilty of either a
misdemeanor or felony, punishable by imprisonment in a
county jail for up to one year and/or by a fine up to
$20,000, or by imprisonment in state prison for 16 months,
two or three years and/or a fine up to $20,000. (Penal
Code Section 597(c).)
Existing law states that every person who overdrives,
overloads, overworks, tortures, torments, deprives of
drink, cruelly beats, or mutilates an animal is guilty of
either a misdemeanor or felony, punishable by imprisonment
in a county jail for up to six months and/or by a fine up
to $20,000, or by imprisonment in state prison for 16
months, two or three years and/or a fine up to $20,000.
(Penal Code Section 597(b).)
This bill makes the potential jail time for overloading,
overworking, et cetera, up to one year.
This bill reorganizes Penal Code Section 597 so penalties
are listed in one subsection.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/2/10)
American society for the Prevention of Cruelty to Animals
(co-source)
Los Angeles Society for Prevention of Cruelty to Animals
(co-source)
State Humane Association of California (co-source)
Amador County Animal Control
California District Attorneys Association
Central California Society for the Prevention of Cruelty to
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Animals
Haven Humane Society
Los Angeles County District Attorney's Office
Marin Humane Society
SPCA for Monterey County
San Diego Human Society and SPCA
ARGUMENTS IN SUPPORT : According to the author's office,
"In the California Penal Code, both animal cruelty and
animal neglect are wobblers. Both offenses have potential
felony charges; however the penalty for animal cruelty as a
misdemeanor is up to one year in county jail and/or an
associated fine (up to $20,000). While the fine for animal
neglect is the same, the penalty for a misdemeanor offense
is only punishable by a maximum of 6 months in jail.
Although animal neglect causes prolonged agony and pain to
the animals involved, the penalty is not in proportion to
the sentence for a single act of animal cruelty.
"Animal abuse is a serious concern, and the awareness for
this disturbing crime is growing. Although there is a
particular focus on protecting animal welfare, there is
also a disparity in current law surrounding this issue.
"Animal abuse is separated into two main categories: animal
cruelty and animal neglect. Animal cruelty generally refers
to a single act of harm on an animal, while animal neglect
is defined as an act that causes extended or prolonged
suffering. While animal neglect can be considered a
horribly egregious offense inflicting extensive distress to
an animal, the associated penalty for the crime is
inconsistent with that of animal cruelty.
"Cases of animal neglect are prevalent, and it occurs when
one deprives an animal of basic needs, including shelter,
nutrition, and medical care. In a study of 1,400 animal
cruelty cases conducted by the Humane Society of the United
States, 41 percent of the cases involved animal neglect.
This overwhelming number reiterates the importance of
protecting animals from neglect as well as cruelty.
"Whether animals are tortured or starved, too often the end
result in either case is death. In cases of neglect, the
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abuse is more prolonged and the neglected animal ends up
slowly decaying and suffering due to starvation,
dehydration, and/or disease."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Tom Berryhill,
Blakeslee, Block, Blumenfield, Bradford, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Cook, Coto, Davis, De La Torre, De Leon, Emmerson, Eng,
Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Gilmore, Hagman, Harkey, Hayashi, Hill, Huber,
Huffman, Jeffries, Jones, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Monning, Nestande, Niello, V. Manuel Perez,
Portantino, Ruskin, Salas, Skinner, Solorio, Audra
Strickland, Swanson, Torres, Torrico, Tran, Yamada, John
A. Perez
NOES: Anderson, Bill Berryhill, Conway, DeVore, Garrick,
Miller, Nielsen, Norby, Silva, Smyth
NO VOTE RECORDED: Bass, Evans, Hall, Hernandez, Knight,
Nava, Saldana, Torlakson, Villines, Vacancy
RJG:do 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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