Amended in Assembly July 16, 2015

Amended in Senate May 5, 2015

Amended in Senate April 6, 2015

Senate BillNo. 716


Introduced by Senator Lara

(Principal coauthor: Assembly Member Bonta)

February 27, 2015


An act tobegin delete amendend deletebegin insert amend, repeal, and addend insert Section 596.5 of the Penal Code, relating to animal cruelty.

LEGISLATIVE COUNSEL’S DIGEST

SB 716, as amended, Lara. Animal cruelty: elephants.

Existing law makes it a misdemeanor for any owner or manager of an elephant to engage in abusive behavior toward the elephant, which includes disciplining an elephant by specified methods, including, but not limited to, use of electricity.

This bill would, beginning January 1, 2018,begin insert expand the scope of these provisions to apply to any person who houses, possesses, or is in direct contact with an elephant andend insert additionally provide that abusive behavior toward the elephant includes the use of a bullhook, ankus, baseball bat, axe handle, pitchfork, or similarbegin delete device by any person who houses, possesses, or is in direct contact with an elephant.end deletebegin insert device.end insert By expanding the scope of a 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:

P2    1

SECTION 1.  

Section 596.5 of the Penal Code is amended to
2read:

3

596.5.  

(a) It shall be a misdemeanor for any owner or manager
4of an elephant to engage in abusive behavior toward the elephant,
5including the discipline of the elephant by any of the following
6methods:

7(1) Deprivation of food, water, or rest.

8(2) Use of electricity.

9(3) Physical punishment resulting in damage, scarring, or
10breakage of skin.

11(4) Insertion of any instrument into any bodily orifice.

12(5) Use of martingales.

13(6) Use of block and tackle.

begin delete

14(b) On or after January 1, 2018, it shall be a misdemeanor for
15any person who houses, possesses, or is in direct contact with an
16elephant to use a bullhook, ankus, baseball bat, axe handle,
17pitchfork, or similar device designed to inflict pain for the purpose
18of training or controlling the behavior of an elephant. Use
19prohibited by this section includes brandishing, exhibiting, or
20displaying such devices in the presence of an elephant.

end delete
begin insert

21(b) This section shall remain in effect only until January 1, 2018,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2018, deletes or extends that date.

end insert
24begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 596.5 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
25

begin insert596.5.end insert  

(a) It shall be a misdemeanor for any person who
26houses, possesses, or is in direct contact with an elephant to engage
27in abusive behavior toward the elephant, including the discipline
28of the elephant by any of the following methods:

29(1) Deprivation of food, water, or rest.

30(2) Use of electricity.

31(3) Physical punishment resulting in damage, scarring, or
32breakage of skin.

33(4) Insertion of any instrument into any bodily orifice.

P3    1(5) Use of martingales.

2(6) Use of block and tackle.

3(b) It shall be a misdemeanor for any person who houses,
4possesses, or is in direct contact with an elephant to use a bullhook,
5ankus, baseball bat, axe handle, pitchfork, or similar device
6designed to inflict pain for the purpose of training or controlling
7the behavior of an elephant. Use prohibited by this subdivision
8includes brandishing, exhibiting, or displaying such devices in the
9presence of an elephant.

10(c) This section shall become operative on January 1, 2018.

end insert
11

begin deleteSEC. 2.end delete
12begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.



O

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