BILL ANALYSIS Ó SB 917 Page 1 SENATE THIRD READING SB 917 (Lieu) As Amended May 16, 2011 Majority vote SENATE VOTE :27-10 PUBLIC SAFETY 5-2 APPROPRIATIONS 11-5 ----------------------------------------------------------------- |Ayes:|Ammiano, Cedillo, Hill, |Ayes:|Fuentes, Blumenfield, | | |Mitchell, Skinner | |Bradford, Charles | | | | |Calderon, Campos, Gatto, | | | | |Hall, Hill, Lara, | | | | |Mitchell, Solorio | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Knight, Hagman |Nays:|Harkey, Donnelly, | | | | |Nielsen, Norby, Wagner | ----------------------------------------------------------------- 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 SB 917 Page 2 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 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; and, h) A cat show, dog show, or bird show providing that all of the following circumstances exist: SB 917 Page 3 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 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. 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, SB 917 Page 4 by a fine not to exceed $20,000, or by both a fine and imprisonment. 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. 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; 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. 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. 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 SB 917 Page 5 not to exceed $5,000, or by both a fine and imprisonment. 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. 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. 9)Provides that any person who owns, possesses, keeps or trains any bird or other animal with the intent 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. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)Unknown, likely minor, non-reimbursable local incarceration to the extent this bill results in longer county jail terms. 2)Unknown, likely minor, non-reimbursable costs for prosecution offset by fine revenue for misdemeanor violations of provisions associated with the second and subsequent violations of prohibitions against selling animals on roadsides or other outdoor venues. COMMENTS : 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 SB 917 Page 6 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." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0001568