California Legislature—2015–16 Regular Session

Assembly BillNo. 2505


Introduced by Assembly Member Quirk

February 19, 2016


An act to amend Section 597u of the Penal Code, relating to animals.

LEGISLATIVE COUNSEL’S DIGEST

AB 2505, as introduced, Quirk. Animals: euthanasia.

Existing law prohibits a person from killing an animal by using carbon monoxide gas or intracardiac injection of a euthanasia agent on a conscious animal, except as specified. With respect to the killing of a dog or cat, existing law prohibits a person from using a high-altitude decompression chamber or nitrogen gas. Under existing law, a violation of these provisions is a misdemeanor.

This bill would, with respect to the killing of a dog or cat, additionally prohibit a person from using carbon dioxide gas. By expanding the scope of an existing crime, 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 no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 597u of the Penal Code is amended to
2read:

3

597u.  

(a) begin deleteNo end deletebegin insertA end insertperson, peace officer, officer of a humane
4society, or officer of a pound or animal regulation department of
5a public agency shallbegin insert notend insert killbegin delete anyend deletebegin insert anend insert animal by usingbegin delete anyend deletebegin insert eitherend insert
6 of the following methods:

7(1) Carbon monoxide gas.

8(2) Intracardiac injection of a euthanasia agent on a conscious
9animal, unless the animal is heavily sedated or anesthetized in a
10humane manner, or comatose, or unless, in light of all the relevant
11circumstances, the procedure is justifiable.

12(b) With respect to the killing ofbegin delete anyend deletebegin insert aend insert dog or cat,begin delete noend deletebegin insert aend insert person,
13peace officer, officer of a humane society, or officer of a pound
14or animal regulation department of a public agency shallbegin insert notend insert use
15any of the methods specified in subdivision (a) or any of the
16following methods:

17(1) High-altitude decompression chamber.

18(2) Nitrogenbegin delete gasend deletebegin insert gas.end insert

begin insert

19(3) Carbon dioxide gas.

end insert
20

SEC. 2.  

No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.



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