BILL NUMBER: SB 135 AMENDED
AMENDED IN SENATE MAY 4, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Florez
( Coauthors: Senators
DeSaulnier and Hancock )
FEBRUARY 10, 2009
An act to amend Section 597n of the Penal Code, relating to animal
LEGISLATIVE COUNSEL'S DIGEST
SB 135, as amended, Florez. Animal abuse: cattle: tail docking.
Existing law makes it a misdemeanor for any person to cut the
solid part of the tail of any horse in the operation known as
This bill would likewise prohibit the docking of cattle, as
defined, except as specified. By expanding the scope of an existing
crime, 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
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 597n of the Penal Code is amended to read:
597n. (a) Any person who cuts the solid part of the tail of any
horse or cattle in the operation known as "docking," or in any other
operation performed for the purpose of shortening the tail of any
horse or cattle, within the State of California, or procures the same
to be done, or imports or brings into this state any docked horse,
, or drives, works, uses, races, or
deals in any unregistered docked horse, or horses, within the State
of California except as provided in Section 597r, is guilty of a
(b) Subdivision (a) shall not apply to "docking"
performed during an individual treatment, emergency, or operation, if
the treatment or operation is performed by a veterinarian licensed
in the state for veterinary purposes, provided that the treatment or
operation is performed in compliance when the solid
part of an animal's tail must be removed in an emergency for the
purpose of saving the animal's life or relieving the animal's pain,
provided that the emergency treatment is performed by a licensed
veterinarian and is performed consistent with the Veterinary
Medicine Practice Act (Commencing with Section 4811) of Article 1 of
Chapter 11 of Division 2 of the Business and Professions Code
, and under the following conditions: .
(1) The animal has been adequately anesthetized to minimize the
animal's pain and suffering during the treatment or operation.
(2) In such a way as to minimize the long-term pain and suffering
resulting from the treatment or operation.
(3) Using only suitable instruments.
(4) In hygienic conditions.
(c) For the purposes of this section, "cattle" means any animal of
the bovine species.
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