BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1117|
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THIRD READING
Bill No: AB 1117
Author: Smyth (R), et al.
Amended: 7/12/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/28/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 71-0, 6/2/11 - See last page for vote
SUBJECT : Animal abuse: penalties
SOURCE : The Humane Society of the United States
spcaLA
DIGEST : This bill prohibits a person who has been
convicted of specified animal abuse crimes from owning or
caring for an animal for a specified period of time.
ANALYSIS : Existing law creates a misdemeanor punishable
by a maximum of one year in the county jail and a fine of
not more than $20,000 to maim, mutilate, torture, or wound
a living animal or maliciously or intentionally kill an
animal. (Penal Code ÝPEN] Section 597 (a))
Existing law states that every person having charge or
custody of an animal who overdrives; overloads; overworks;
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tortures; torments; deprives of necessary sustenance,
drink, or shelter; cruelly beats, mutilates, or cruelly
kills; or causes or procures any animal to be so
overdriven, overloaded, driven when overloaded, overworked,
tortured, tormented, deprived of necessary sustenance,
drink, shelter, or to be cruelly beaten, mutilated, or
cruelly killed is, for every such offense, guilty of a
crime punishable as an alternate misdemeanor/felony and by
a fine of not more than $20,000. (PEN Section 597 (b))
Existing law mandates that whoever carries or causes to be
carried in or upon any vehicle or otherwise any domestic
animal in a cruel or inhuman manner, or knowingly and
willfully authorizes or permits that animal to be subjected
to unnecessary torture, suffering, or cruelty of any kind,
is guilty of a misdemeanor; and whenever any such person is
taken into custody therefore by any officer, such officer
must take charge of such vehicle and its contents, together
with the horse or team attached to such vehicle, and
deposit the same in some place of custody; and any
necessary expense incurred for taking care of and keeping
the same, is a lien thereon, to be paid before the same can
be lawfully recovered; and if such expense, or any part
thereof, remains unpaid, it may be recovered, by the person
incurring the same, of the owner of such domestic animal,
in an action therefor. (PEN Section 597a)
Existing law provides that any person who causes any animal
to fight with another animal, or permits the same to be
done on any property under his/her control, or aids or
abets the fighting of any animal or is present as a
spectator is guilty of a misdemeanor, punishable by up to
six months in the county jail, by a fine not to exceed
$1000, or both. (PEN Section 597b (a))
Existing law necessitates that any person who causes a cock
to fight with another cock, or permits the same to be done
on any property under his/her control, and any person who
aids 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, by
a fine not to exceed $5000, or by both. (PEN Section 597b
(b))
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Existing law makes it unlawful for any person to tie or
attach or fasten any live animal to any machine or device
propelled by any power for the purpose of causing such
animal to be pursued by a dog(s). (PEN Section 597h)
Existing law directs that any person who owns, possesses,
or trains any bird or animal with the intent that the cock
or other bird shall be engaged in an exhibition of fighting
by his/her vendee or any other person is guilty of a
misdemeanor, punishable by imprisonment in the county jail
not to exceed six months, by a fine not to exceed $1000; or
by both. (PEN Section 597j)
Existing law states that every person who willfully
abandons any animal is guilty of a misdemeanor. (PEN
Section 597s)
Existing law provides that any person who does any of the
following is guilty of a felony and is punishable by
imprisonment in a state prison for 16 months, two or three
years, by a fine not to exceed $50,000, or by both such
fine and imprisonment:
1. Owns, possesses, keeps, or trains any dog, with the
intent that the dog shall be engaged in an exhibition of
fighting with another dog.
2. For the amusement or gain, causes any dog to fight with
another dog, or causes any dogs to injure each other.
3. Permits any of the aforementioned acts in violation to
be done on any premises under his/her charge or control,
or aids or abets that act. (PEN Section 597.5)
Existing law declares that every owner, driver, or keeper
of any animal who permits the animal to be in any building,
enclosure, lane, street, square, or lot of any city,
county, city and county or judicial district without proper
care and attention is guilty of a misdemeanor. (PEN
Section 597.1 (a))
Existing law provides that any peace officer, humane
society officer, or animal control officer shall take
possession of the stray or abandoned animal and shall
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provide care and treatment for the animal until the animal
is deemed to be in suitable condition to be returned to the
owner. When the officer has reasonable grounds to believe
that very prompt action is required to protect the health
and safety of the animal or others, the officer shall
immediately seize the animal. The cost of caring for and
treating the animal seized under this subdivision shall
constitute a lien on the animal, and the animal shall not
be returned to the owner until the charges are paid. (PEN
Section 597.1 (a))
Existing law sets forth the procedure for seizure and
impoundment of an animal. (PEN Section 597.1 (f)-(j))
Existing law provides that upon the conviction of a person
charged with a violation of animal abuse, all animals
lawfully seized and impounded with respect to the violation
shall be adjudged by the court to be forfeited and shall
thereupon be transferred to the impounding officer or
appropriate public entity for proper adoption or other
disposition. The court may also order, as a condition of
probation, that the convicted person be prohibited from
owning, possessing, caring for, or having any contact with
animals of any kind and require the convicted person to
immediately deliver all animals in his/her possession to a
designated public entity for adoption or other lawful
disposition, or provide proof to the court that the person
no longer has possession, care, or control of any animals.
(PEN Section 597.1 (k))
This bill instead provides that the court may also order,
as a condition of probation, that the convicted person be
prohibited from owning, possessing, caring for, or residing
with animals of any kind and require the convicted person
to immediately deliver all animals in his/her possession to
a designated public entity for adoption or other lawful
disposition, or provide proof to the court that the person
no longer has possession care, or control of any animals.
In the event of the acquittal or final discharge without
conviction of the arrested person, the court shall, on
demand, direct the release of seized or impounded animals
upon a showing of proof of ownership.
This bill clarifies that the court may order a person
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convicted of PEN Sections 597, 597a or 597.1 to immediately
deliver all animals in his/her possession to a designated
public entity for adoption or other lawful disposition or
provide proof to the court that the person no longer has
possession, care or control of any animal.
This bill provides that in the event of the acquittal or
final discharge without conviction of the arrested person,
the court shall, on demand, direct the release of seized or
impounded animals upon a showing of proof of ownership.
This bill provides that it is a public offense punishable
by a fine of $1,000 for any person who has been convicted
of a misdemeanor violation of PEN Section 597, 597a, 597b,
597h, 597j, 597s or 597.1 and within five years after that
conviction owns, possesses, maintains, has custody of,
resides with, or cares for any animal.
This bill provides that it is a public offense punishable
by a fine of $1,000 for any person who has been convicted
of a felony violation of PEN Sections 597, 597b or 597.5
and within 10 years after that conviction owns, possesses,
maintains, has custody of, resides with, or cares for any
animal.
This bill provides that owners of livestock may file a
petition in court to seek to be exempted from the above
prohibitions by showing that the imposition of the
prohibitions would result in substantial and undue economic
hardship to the defendant's livelihood and that the
defendant has the ability to properly care for all
livestock in his/her possession.
This bill provides that a defendant may also petition the
court to reduce the duration of the mandatory ownership
prohibition if he/she establishes that: he/she does not
present a danger to animals; he/she has the ability to
properly care for all animals in his/her possession; and,
he/she has successfully completed all classes or counseling
ordered by the court.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/8/11)
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The Humane Society of the United States (co-source)
spcaLA (co-source)
American Society for the Prevention of Cruelty to Animals
Animal Issues Movement
Animal Place
Animal Samaritans SPCA
Butte County Public Health Department, Animal Control
Division
California Animal Control Directors Association
California District Attorneys Association
City of Rancho Cucamonga
Haven Humane Society
Lake Tahoe Humane Society
Los Angeles District Attorneys Association
Paw PAC
Santa Cruz SPCA
Shasta County District Attorney
State Humane Association of California
The Humane Society of the North Bay Animal Services
Division
The SPCA for Monterey County
United Animal Nations
OPPOSITION : (Verified 7/8/11)
Agricultural Council of California
Alliance of Western Milk Producers
Association of California Egg Farmers
California Grain and Feed Association
California Horse Council
Charros Foundation, USA
Professional Rodeo Cowboys Association
Western United Dairymen
ARGUMENTS IN SUPPORT : Supporters of this bill argue that
animal abuse is often part of a long-term pattern of abuse
against animals, and those convicted of animal abuse should
be prohibited from owning an animal for a period of time.
Specifically, Animal Issues Movement states:
"Unfortunately animal abuse is a symptom of much greater
psycho-social and emotional issues and has often been a
long pattern of behavior developed in childhood. We
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cannot expect those who are addicted to power, control
and venting their anger on voiceless beings to
immediately change that behavior. It is important that
we do not become enablers by allowing them private access
to helpless victims before they had time to obtain long
term rehabilitation."
ARGUMENTS IN OPPOSITION : The agricultural associations
in opposition to this bill believe that this bill:
"ÝW]ould alter the balance in the criminal justice system
between animal protection officers, livestock producers,
animal owners and the courts. The current system offers
judges and prosecutors adequate tools to address animal
cruelty violations-including prohibiting the perpetrator
from owning an animal for a specified period. By
eliminating the discretion of the judge and providing
additional powers shifted to the authorities, we believe
this legislation goes too far and will upset the balance
of justice.
"The proponents state the purpose of this bill is to
address chronic hoarders - a condition a judge may not be
aware of when sentencing. This bill is far too broad to
remedy that specific issue and may lead to unforeseen
negative circumstances."
ASSEMBLY FLOOR : 71-0, 6/2/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Cook, Davis, Dickinson, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Hagman, Halderman,
Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso,
Huffman, Jeffries, Lara, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Wagner, Wieckowski, Williams, Yamada, John A.
Pérez
NO VOTE RECORDED: Conway, Donnelly, Gorell, Grove, Hall,
Jones, Knight, Mansoor, Valadao
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RJG:kc 7/11/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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