BILL ANALYSIS Ó
SB 917
Page 1
Date of Hearing: June 21, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 917 (Lieu) - As Amended: May 16, 2011
SUMMARY : Increases the misdemeanor penalty for animal neglect
in order to conform it to other provisions of law relating to
animal abuse, and makes it a crime to sell a live animal on any
street, highway, public right-of-way, parking lot, carnival, or
boardwalk. Specifically, this bill :
1)Increases the misdemeanor penalty from not more than six
months to not more than twelve months in the county jail for
every person who overloads, overworks, denies sustenance,
cruelly beats, mutilates, or cruelly kills any animal, and
whoever having custody of an animal, either as owner or
otherwise, subjects an animal to needless suffering or
inflicts unnecessary cruelty upon the animal, or in any manner
abuses any animal, or fails to provide an animal with proper
food, drink, or shelter or proper protection from the weather.
2)Makes it unlawful for any person to willfully sell, or give
away as part of a commercial transaction, a live animal on any
street, highway, public right-of-way, parking lot, carnival,
or boardwalk, or to display or offer for sale, or to display
or offer to give away, a live animal if the transaction is to
occur on a street, highway, public right-of-way, parking lot,
carnival, or boardwalk, and makes a first offense an
infraction punishable by a fine not to exceed $250, unless a
violation causes an animal to suffer or be injured in which
case the offense shall be punishable as a misdemeanor, and
makes a second or subsequent offense punishable as a
misdemeanor.
3)Provides that a misdemeanor violation of the above provision
shall be punishable by a fine not to exceed $1,000 per
violation, and the court shall weigh the gravity of the
violation in setting the fine. A notice describing the charge
and the penalty for a violation may be issued by any peace
officer, animal control officer, or humane officer, as
SB 917
Page 2
specified.
4)Provides that the prohibition against live animal sales at
specified locations shall not apply to the following:
a) Events held by 4-H Clubs, Junior Farmers Clubs, or
Future Farmers Clubs.
b) California Exposition and State Fair, district
agricultural association fairs, or county fairs.
c) Stockyards that are regulated under federal law.
d) Specified livestock for sale at public sales.
e) Live animal markets regulated under state law.
f) A public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane
society shelter, or rescue group, as specified.
g) The sale of fish or shellfish, live or dead, from a
fishing vessel, at a pier or wharf, or at a farmer's market
by any licensed commercial fisherman to the public for
human consumption.
h) A cat show, dog show, or bird show providing that all of
the following circumstances exist:
i) The show is validly permitted by the city or county
in which the show is held;
ii) Each and every participant in the show complies with
all federal, state, and local animal welfare control
laws;
iii) The participant has written documentation of the
payment of a fee for the entry of his or her cat, dog, or
bird in the show;
iv) The sale of a cat, dog, or bird on the premises and
within the confines of the show; and,
v) The show is a competitive event where the cats, dogs
or birds are exhibited and judged by an established
SB 917
Page 3
standard or set of ideals established for each breed or
species.
5)Provides that nothing in this prohibition against live animal
sales shall be construed in any way to limit or affect the
enforcement of any other law that protects animals, or the
rights of consumers, as specified, or authorizes any act or
omission that violates other local, state, or federal law
relating to animal cruelty.
EXISTING LAW :
1)States that every person who overdrives, overloads, overworks,
denies sustenance tortures, torments, deprives of drink,
cruelly beats, or mutilates an animal is guilty of a crime
punishable by imprisonment in a county jail for up to six
months, or by imprisonment in the state prison for 16 months,
2 or 3 years, and by a fine of not more than $20,000. ĘPenal
Code Section 597(b).]
2)Provides that every person who maliciously and intentionally
maims, mutilates, tortures, or wounds a 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,
or by imprisonment in state prison for 16 months, 2 or 3 years,
by a fine no to exceed $20,000, or by both a fine and
imprisonment. ĘPenal Code Section 597(a).]
3)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, 2 or 3 years and/or a fine up to
$20,000. ĘPenal Code Section 597(c).]
4)Provides that any person that does any of the following is
guilty of a felony and is punishable by imprisonment in a
state prison for 16 months, 2 or 3 years, or by a fine not to
exceed $50,000, or by both a fine and imprisonment:
a) Owns, possesses, keeps, or trains any dog, with the
intent that the dog shall be engaged in an exhibition of
fighting with another dog;
SB 917
Page 4
b) For amusement or gain, causes any dog to fight with
another dog, or causes any dogs to injure each other; or,
c) Permits any of the above acts to be done on any premises
under his or her control, or aid or abets that act. ĘPenal
Code Section 597.5(a).]
5)States that any person that is knowingly present, as a
spectator, at any place, building, or tenement where
preparations are being made for an 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 a fine and
imprisonment. ĘPenal Code Section 597.5(b).]
6)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 by both a fine and imprisonment.
ĘPenal Code Section 597b(a).]
7)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 a fine and imprisonment. ĘPenal Code Section
597b(b).]
8)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 a fine and imprisonment. (Penal
Code Section 597c.)
SB 917
Page 5
9)Provides that any person who owns, possesses, keeps or trains
any bird or other animal with the intent that that it be used
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 a fine
and imprisonment. (Penal Code Section 597j.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill
protects animals and consumers at the same time. It makes
animal cruelty and animal neglect penalties consistent to one
another, while preventing animal abuse and neglect through
restricting unregulated sales of animals on streets, parking
lots and other venues. Ultimately, SB 917 would prevent
animal suffering, safeguard the public and reduce pressure on
animal shelters and local governments."
2)Argument in Support : According to the State Humane
Association of California , "SB 917 increases the misdemeanor
penalty for animal neglect from up to six months in county
jail to up to one year in county jail. This would bring the
misdemeanor penalty for animal neglect en par with the
misdemeanor penalty for animal cruelty. In cruelty and
neglect alike, the result is often death. It should not
matter whether an animal is tortured to death or instead ides
a slow and agonizing death from starvation, dehydration,
and/or disease. Both cause the animal immeasurable pain and
suffering.
"SB 917 also prohibits the selling of live animal on any street,
highway, public right-of-way, parking lot, carnival, or
boardwalk (with certain exceptions like 4-H clubs, fairs, live
animal markets, etc.). Roadside sales of animals present a
special concern for our member organizations as humane
officers and animal control officers often find animals that
are ill and /or diseased and kept in unsafe and/or unsanitary
conditions."
3)Argument in Opposition : According to the California Outdoor
Heritage Alliance (COHA), "COHA opposes this legislation
because it unnecessarily hinders the sale of dogs used for
SB 917
Page 6
hunting and other sporting purposes, including sales which
benefit nonprofit conservation groups. Nonprofits whose
membership includes sportsmen often sell hunting dogs at their
fundraising events to support their habitat restoration
activities and other wildlife conservation work. The dogs are
highly valued and AKC registered, and have received all
necessary vaccinations and health certifications. In
addition, the breeder is typically present to answer any
questions and provide appropriate documentation.
"While many such legitimate transactions to benefit nonprofit
conservation groups take place inside buildings or on private
land, some also occur outside in public areas such as parking
lots and would therefore be unnecessarily impacted by SB 917."
4)Prior Legislation :
a) AB 2012 (Lieu), of the 2009-10 Legislative Session, was
identical to Section One of this bill which conforms the
misdemeanor penalty for animal neglect with the penalties
for crimes relating to animal abuse. AB 2012 was vetoed.
b) AB 1122 (Lieu), of the 2009-10 Legislative Session, was
identical to Section Two of this bill which make it a crime
to sell or offer to sell a live animal in specified public
places. AB 1122 was vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
American Society for the Prevention of Cruelty to Animals
Animal Place
LA Fashion District Business Improvement District
Pet Industry Joint Advisory Council
Santa Cruz Society for the Prevention of Cruelty to Animals
Society for the Prevention of Cruelty to Animals, Los Angeles
SPCA for Monterey County
State Humane Association of California
Three private individuals
Opposition
Animal Council
California Federation of Dog Clubs
SB 917
Page 7
Outdoor Heritage Alliance
PetPAC
One private individual
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744