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, additionally provide that abusive behavior toward the elephant includes the use of a bullhook, ankus, baseball bat, axe handle, pitchfork, or similar
begin delete device by any person who houses, possesses, or is in direct
contact with an elephant.end delete
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:
Section 596.5 of the Penal Code is amended to
(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
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.
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.
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