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 paid to
the local public animal control agency that has jurisdiction over the location where the violation occurred. The bill would
begin delete generally requireend delete the agency to use the moneys paid as a fine to compensate begin delete 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.end delete 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 crimes and increasing the duties of a public animal control agency relative to the use of the moneys paid as a fine, 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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. 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
2or Section 599c, a person who maliciously and intentionally maims,
3mutilates, tortures, or wounds a living animal, or maliciously and
4intentionally kills an animal, is guilty of a crime punishable
5pursuant to subdivision (d).
6(b) Except as otherwise provided in subdivision (a) or (c), a
7person who overdrives, overloads, drives when overloaded,
8overworks, tortures, torments, deprives of necessary sustenance,
9drink, or shelter, cruelly beats, mutilates, or cruelly kills an animal,
10or causes or procures an animal to be so overdriven, overloaded,
11driven when overloaded, overworked, tortured, tormented, deprived
12of necessary sustenance, drink, shelter, or to be cruelly beaten,
13mutilated, or cruelly killed; and whoever, having the charge or
14custody of an animal, either as an owner or otherwise, subjects an
15animal to needless suffering, or inflicts unnecessary cruelty upon
16the animal, or in any manner abuses an animal, or fails to provide
17the animal with proper food, drink, or shelter or protection from
18the weather, or who drives, rides, or otherwise uses the animal
19when unfit for labor, is, for each offense, guilty of a crime
20punishable pursuant to subdivision (d).
21(c) A person who maliciously and intentionally maims,
22mutilates, or tortures a mammal, bird, reptile, amphibian, or fish,
23as described in subdivision (e), is guilty of a crime punishable
24pursuant to subdivision (d).
25(d) (1) A
violation of subdivision (a), (b), or (c) is punishable
26as a felony by imprisonment pursuant to subdivision (h) of Section
271170, or by a fine of not more than twenty thousand dollars
28($20,000), or by both that fine and imprisonment, or alternatively,
29as a misdemeanor by imprisonment in a county jail for not more
30than one year, or by a fine of not more than twenty thousand dollars
31($20,000), or by both that fine and imprisonment.
32(2) (A) A person who violates subdivision (a), (b), or (c) shall,
33in addition to the fines imposed pursuant to paragraph (1), be
34punished by a fine of not more than five thousand dollars ($5,000)
35for each violation.
36(B) The fines required by subparagraph (A) shall be
paid to the
37local public animal control agency that has jurisdiction in the
38location where the violation was committed.
39(C) Except as provided in subparagraph (E), the local public
40animal control agency shall use the moneys paid as a fine pursuant
P4 1subparagraph (A) to compensate the owner or caretaker, including
2a nonprofit organization, of an animal that requires medical care,
3rehabilitation, or recovery as a result of a violation of subdivision
4(a), (b), or (c) for the costs incurred by the owner or caretaker for
5the animal’s medical care, rehabilitation, or recovery.
9(D) (i) If the owner or caretaker of an animal that requires
10medical care, rehabilitation, or recovery as a result of a violation
11of subdivision (a), (b), or (c) is the person who violated any of
12those subdivisions, the owner or caretaker shall not receive money
13from the local public animal control agency, and
begin delete instead,end delete
14paid to the agency as a fine pursuant to subparagraph (A) may be
15used to compensate
begin delete anotherend delete person, including a nonprofit
16organization, who incurs costs for the animal’s medical care,
17rehabilitation, or recovery.
18(ii) If an animal that requires medical care, rehabilitation, or
19recovery as a result of a violation of subdivision (a), (b), or (c) has
20no identifiable owner or caretaker, the local public animal control
21agency may use moneys paid to the agency as a fine pursuant to
22subparagraph (A) to compensate a person, including a nonprofit
23organization, who incurs costs for the animal’s medical care,
24rehabilitation, or recovery.
25(3) (A) Except as provided in subdivision (h), a person who
26violates subdivision (a), (b), or (c) in a rehabilitative facility for
27animals shall, in addition to any other penalty provided by law,
28pay for and successfully complete an appropriate counseling course,
29as determined by the court, designed to evaluate and treat behavior
30or conduct disorders. If the court finds that a defendant is
31financially unable to pay for that counseling, the court may develop
32a sliding fee schedule based upon the defendant’s ability to pay.
33An indigent defendant may negotiate a deferred payment schedule,
34but shall pay a nominal fee if the defendant has the ability to pay
35the nominal fee. If an indigent defendant cannot pay the nominal
36fee, the fee shall be waived.
37(B) For purposes
of this paragraph, “rehabilitative facility for
38animals” means a facility at which medical care or rehabilitative
39services are provided to animals, including, but not limited to, an
40animal sanctuary, animal shelter, or aquarium.
P5 1(e) (1) Subdivision (c) applies to a mammal, bird, reptile,
2amphibian, or fish that is a creature described as follows:
3(A) Endangered species or threatened species as described in
4Chapter 1.5 (commencing with Section 2050) of Division 3 of the
5Fish and Game Code.
6(B) Fully protected birds described in Section 3511 of the Fish
7and Game Code.
8(C) Fully protected mammals described in Chapter 8
9(commencing with Section 4700) of Part 3 of Division 4 of the
10Fish and Game Code.
11(D) Fully protected reptiles and amphibians described in Chapter
122 (commencing with Section 5050) of Division 5 of the Fish and
14(E) Fully protected fish as described in Section 5515 of the Fish
15and Game Code.
16(2) This subdivision does not supersede or affect any law relating
17to taking of the described species, including, but not limited to,
18Section 12008 of the Fish and Game Code.
19(f) For the purposes of subdivision (c), each act of malicious
20and intentional maiming, mutilating, or torturing a separate
21specimen of a creature described in subdivision (e) is a separate
22offense. If a person is charged with a violation of subdivision (c),
23the proceedings shall be subject to Section 12157 of the Fish and
25(g) (1) Upon the conviction of a person charged with a violation
26of this section by causing or permitting an act of cruelty, as defined
27in Section 599b, all animals lawfully seized and impounded with
28respect to the violation by a peace officer, officer of a humane
29society, or officer of a pound or animal regulation department of
30a public agency shall be adjudged by the court to be forfeited and
31shall thereupon be awarded to the impounding officer for proper
32disposition. A person convicted of a violation of this section by
33causing or permitting an act of cruelty, as defined in Section 599b,
34shall be liable to the impounding officer for all costs of
35impoundment from the time of seizure to the time of proper
37(2) Mandatory seizure or impoundment shall not apply to
38animals in properly conducted scientific experiments or
39investigations performed under the authority of the faculty of a
40regularly incorporated medical college or university of this state.
P6 1(h) Notwithstanding any other law, if a defendant is granted
2probation for a conviction under this section, the court shall order
3the defendant to pay for, and successfully complete, counseling,
4as determined by the court, designed to evaluate and treat behavior
5or conduct disorders. If the court finds that the defendant is
6financially unable to pay for that counseling, the court may develop
7a sliding fee schedule based upon the defendant’s ability to pay.
8An indigent defendant may negotiate a deferred payment schedule,
9but shall pay a nominal fee if the defendant has the ability to pay
10the nominal fee. County mental health departments or Medi-Cal
11shall be responsible for the costs of counseling required by this
12section only for those persons who meet the medical necessity
13criteria for mental health managed care pursuant to Section
141830.205 of Title 9 of the California Code of Regulations or the
15targeted population criteria specified in Section 5600.3 of the
16Welfare and Institutions Code. The counseling specified in this
17subdivision shall be in addition to any other terms and conditions
18of probation, including any term of imprisonment and any fine.
19This subdivision specifies a mandatory additional term of probation
20and is not to be utilized as an alternative in lieu of imprisonment
21pursuant to subdivision (h) of Section 1170 or county jail when
22that sentence is otherwise appropriate. If the court does not order
23custody as a condition of probation for a conviction under this
24section, the court shall specify on the court record the reason or
25reasons for not ordering custody. This subdivision shall not apply
26to cases involving police dogs or horses as described in Section
No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution for certain
30costs that may be incurred by a local agency or school district
31because, in that regard, this act creates a new crime or infraction,
32eliminates a crime or infraction, or changes the penalty for a crime
33or infraction, within the meaning of Section 17556 of the
34Government Code, or changes the definition of a crime within the
35meaning of Section 6 of Article XIII B of the California
37However, if the Commission on State Mandates determines that
38this act contains other costs mandated by the state, reimbursement
39to local agencies and school districts for those costs shall be made
P7 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
This act is an urgency statute necessary for the
4immediate preservation of the public peace, health, or safety within
5the meaning of Article IV of the Constitution and shall go into
6immediate effect. The facts constituting the necessity are:
7In order to provide victims of animal abuse with restitution for
8the costs associated with medical care and recovery for animals
9resulting from that abuse at the earliest possible time, it is necessary
10for this act to take effect immediately.