BILL ANALYSIS                                                                                                                                                                                                    



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          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 








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            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:








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               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, 








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            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 








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            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 








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          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