AB 1543, as amended, Brough. Animals: abuse.
Existing law prohibits, subject to exceptions, specified acts of animal abuse including, among others, the malicious and intentional maiming, mutilation, torture, or wounding of a living animal. Under existing law, a violation of those provisions is punishable as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years, or by a fine of not more than $20,000, or by both that fine and imprisonment, or alternatively, as a misdemeanor by imprisonment in a county jail for not more than one year, or by a fine of not more than $20,000, or by both that fine and imprisonment.
This bill would require a person who violates the animal abuse prohibitions described above to be punished by a fine of not more than $5,000 for each violation, in addition to the fines described above. The bill would require those additional fines to be
begin delete deposited
into the Victims of Animal Abuse Fund, which would be established by the bill. The bill would require the Veterinary Medical Board to administer the fund, and would continuously appropriate all money deposited in the fund to the board for the bill’s purposes.end delete The bill would generally require the begin delete boardend delete to use the begin delete money in the fundend delete to compensate the owner or caretaker of an
animal that requires medical care, rehabilitation, or recovery as a result of a violation of the animal abuse prohibitions described above for the costs incurred by the owner or caretaker for the animal’s medical care, rehabilitation, or recovery. The bill would also require, in addition to any other penalty provided by law, a person who violates the animal abuse prohibitions described above in a rehabilitative facility for animals to pay for and successfully complete an appropriate counseling course, as determined by the court, designed to evaluate and treat behavior or conduct disorders. The bill would define “rehabilitative facility for animals” for these purposes as a facility at which medical care or rehabilitative services are provided to animals, including, but not limited to, an animal sanctuary, animal shelter, or aquarium. By increasing the penalties for existing begin delete crimes,end delete the 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 reimbursement.end delete
This bill would provide that no reimbursement is required by this act for a specified reason.end delete
This bill would declare that it is to take effect immediately as an urgency statute.
begin deleteyes end delete.
Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 597 of the Penal Code is amended to
(a) Except as provided in subdivision (c) of this section
4or Section 599c, a person who maliciously and intentionally maims,
5mutilates, tortures, or wounds a living animal, or maliciously and
6intentionally kills an animal, is guilty of a crime punishable
7pursuant to subdivision (d).
8(b) Except as otherwise provided in subdivision (a) or (c), a
9person who overdrives, overloads, drives when overloaded,
10overworks, tortures, torments, deprives of necessary sustenance,
11drink, or shelter, cruelly beats, mutilates, or cruelly kills an animal,
12or causes or procures an animal to be so overdriven, overloaded,
13driven when overloaded, overworked, tortured, tormented, deprived
14of necessary sustenance, drink, shelter, or to be cruelly beaten,
15mutilated, or cruelly killed; and whoever, having the charge or
16custody of an animal, either as an owner or otherwise, subjects an
17animal to needless suffering, or inflicts unnecessary cruelty upon
18the animal, or in any manner abuses an animal, or fails to provide
19the animal with proper food, drink, or shelter or protection from
20the weather, or who drives, rides, or otherwise uses the animal
21when unfit for labor, is, for each offense, guilty of a crime
22punishable pursuant to subdivision (d).
23(c) A person who maliciously and intentionally maims,
24mutilates, or tortures a mammal, bird, reptile, amphibian, or fish,
25as described in subdivision (e), is guilty of a crime punishable
26pursuant to subdivision (d).
27(d) (1) A violation of subdivision (a), (b), or (c) is punishable
28as a felony by imprisonment pursuant to subdivision (h) of Section
291170, or by a fine of not more than twenty thousand dollars
30($20,000), or by both that fine and imprisonment, or alternatively,
31as a misdemeanor by imprisonment in a county jail for not more
32than one year, or by a fine of not more than twenty thousand dollars
33($20,000), or by both that fine and imprisonment.
34(2) (A) A person who violates subdivision (a), (b), or (c) shall,
35in addition to the fines imposed pursuant to paragraph (1), be
36punished by a fine of not more than five thousand dollars ($5,000)
37for each violation.
P4 1(B) The fines required by subparagraph (A) shall be
begin delete deposited
2into the Victims of Animal Abuse Fund, which is hereby
3established in the State Treasury. For purposes of this paragraph,
4“fund” means the Victims of Animal Abuse Fund.end delete
7(C) The Veterinary Medical Board shall administer the fund
8consistent with this paragraph. Notwithstanding Section 13340 of
9the Government Code, all money deposited in the fund is hereby
10continuously appropriated to the Veterinary Medical Board, without
11regard to fiscal years, for the purposes of this paragraph.
35 12(D)end delete
13 Except as provided in subparagraph (E), the
begin delete Veterinary shall use the
14Medical Boardend delete
begin delete money in the fundend delete to compensate the owner or caretaker, including a nonprofit
17organization, of an animal that requires medical care, rehabilitation,
18or recovery as a result of a violation of subdivision (a), (b), or (c)
19for the costs incurred by the owner or caretaker for the animal’s
20medical care, rehabilitation, or recovery.
3 21(E)end delete
22 (i) If the owner or caretaker of an animal that requires
23medical care, rehabilitation, or recovery as a result of a violation
24of subdivision (a), (b), or (c) is the person who violated any of
25those subdivisions, the owner or caretaker shall not receive money
begin delete fund,end delete and instead,
begin delete money in the fundend delete may be used to compensate another person,
29including a nonprofit organization, who incurs costs for the
30animal’s medical care, rehabilitation, or recovery.
31(ii) If an animal that requires medical care, rehabilitation, or
32recovery as a result of a violation of subdivision (a), (b), or (c) has
33no identifiable owner or caretaker,
begin delete money in the fund may be usedend delete
34 to compensate
36a person, including a nonprofit organization, who incurs costs for
37the animal’s medical care, rehabilitation, or recovery.
38(F) The Veterinary Medical Board may promulgate regulations
39to implement this paragraph.
P5 1(3) (A) Except as provided in subdivision (h), a person who
2violates subdivision (a), (b), or (c) in a rehabilitative facility for
3animals shall, in addition to any other penalty provided by law,
4pay for and successfully complete an appropriate counseling course,
5as determined by the court, designed to evaluate and treat behavior
6or conduct disorders. If the court finds that a defendant is
7financially unable to pay for that counseling, the court may develop
8a sliding fee schedule based upon the defendant’s ability to pay.
9An indigent defendant may negotiate a deferred payment schedule,
10but shall pay a nominal fee if the defendant has the ability to pay
11the nominal fee. If an indigent defendant cannot pay the nominal
12fee, the fee shall be waived.
13(B) For purposes of this paragraph, “rehabilitative facility for
14animals” means a facility at which medical care or rehabilitative
15services are provided to animals, including, but not limited to,
16 animal sanctuary, animal shelter, or
begin delete anend delete aquarium.
17(e) (1) Subdivision (c) applies to a mammal, bird, reptile,
18amphibian, or fish that is a creature described as follows:
19(A) Endangered species or threatened species as described in
20Chapter 1.5 (commencing with Section 2050) of Division 3 of the
21Fish and Game Code.
22(B) Fully protected birds described in Section 3511 of the Fish
23and Game Code.
24(C) Fully protected mammals described in Chapter 8
25(commencing with Section 4700) of Part 3 of Division 4 of the
26Fish and Game Code.
27(D) Fully protected reptiles and amphibians described in Chapter
282 (commencing with Section 5050) of Division 5 of the Fish and
30(E) Fully protected fish as described in Section 5515 of the Fish
31and Game Code.
32(2) This subdivision does not supersede or affect any law relating
33to taking of the described species, including, but not limited to,
34Section 12008 of the Fish and Game Code.
35(f) For the purposes of subdivision (c), each act of malicious
36and intentional maiming, mutilating, or torturing a separate
37specimen of a creature described in subdivision (e) is a separate
38offense. If a person is charged with a violation of subdivision (c),
39the proceedings shall be subject to Section 12157 of the Fish and
P6 1(g) (1) Upon the conviction of a person charged with a violation
2of this section by causing or permitting an act of cruelty, as defined
3in Section 599b, all animals lawfully seized and impounded with
4respect to the violation by a peace officer, officer of a humane
5society, or officer of a pound or animal regulation department of
6a public agency shall be adjudged by the court to be forfeited and
7shall thereupon be awarded to the impounding officer for proper
8disposition. A person convicted of a violation of this section by
9causing or permitting an act of cruelty, as defined in Section 599b,
10shall be liable to the impounding officer for all costs of
11impoundment from the time of seizure to the time of proper
13(2) Mandatory seizure or impoundment shall not apply to
14animals in properly conducted scientific experiments or
15investigations performed under the authority of the faculty of a
16regularly incorporated medical college or university of this state.
17(h) Notwithstanding any other law, if a defendant is granted
18probation for a conviction under this section, the court shall order
19the defendant to pay for, and successfully complete, counseling,
20as determined by the court, designed to evaluate and treat behavior
21or conduct disorders. If the court finds that the defendant is
22financially unable to pay for that counseling, the court may develop
23a sliding fee schedule based upon the defendant’s ability to pay.
24An indigent defendant may negotiate a deferred payment schedule,
25but shall pay a nominal fee if the defendant has the ability to pay
26the nominal fee. County mental health departments or Medi-Cal
27shall be responsible for the costs of counseling required by this
28section only for those persons who meet the medical necessity
29criteria for mental health managed care pursuant to Section
301830.205 of Title 9 of the California Code of Regulations or the
31targeted population criteria specified in Section 5600.3 of the
32Welfare and Institutions Code. The counseling specified in this
33subdivision shall be in addition to any other terms and conditions
34of probation, including any term of imprisonment and any fine.
35This subdivision specifies a mandatory additional term of probation
36and is not to be utilized as an alternative in lieu of imprisonment
37pursuant to subdivision (h) of Section 1170 or county jail when
38that sentence is otherwise appropriate. If the court does not order
39custody as a condition of probation for a conviction under this
40section, the court shall specify on the court record the reason or
P7 1reasons for not ordering custody. This subdivision shall not apply
2to cases involving police dogs or horses as described in Section
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
This act is an urgency statute necessary for the
28immediate preservation of the public peace, health, or safety within
29the meaning of Article IV of the Constitution and shall go into
30immediate effect. The facts constituting the necessity are:
31In order to provide victims of animal abuse with restitution for
32the costs associated with medical care and recovery for animals
33resulting from that abuse at the earliest possible time, it is necessary
34for this act to take effect immediately.