BILL ANALYSIS                                                                                                                                                                                                    



                                                                     SB 716


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          SENATE THIRD READING


          SB  
          716 (Lara)


          As Amended  July 16, 2015


          Majority vote


          SENATE VOTE:  29-7


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |4-2  |Jones-Sawyer, Lopez,  |Melendez, Lackey    |
          |                |     |Low, Santiago         |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Arts            |4-2  |Calderon, Hadley,     |Obernolte, Medina   |
          |                |     |Levine, Nazarian      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |17-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Daly, Eggman,         |                    |
          |                |     |Gallagher,            |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Holden, Jones, Quirk, |                    |








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          |                |     |Rendon, Wagner,       |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  States that it is misdemeanor for any person who  
          houses, possesses, or is in direct contact with an elephant to  
          use specified devices designed to inflict pain for the purpose  
          of training or controlling the behavior of an elephant.   
          Specifically, this bill:


          1)Specifies that on or after January 1, 2018, it shall be a  
            misdemeanor for any person who houses, possesses, or is in  
            direct contact with an elephant to use a bullhook, ankus,  
            baseball bat, axe handle, pitchfork, or similar device  
            designed to inflict pain for the purpose of training or  
            controlling the behavior of an elephant. 


          2)Prohibits behavior includes brandishing, exhibiting, or  
            displaying any of the devices, listed above, in the presence  
            of an elephant.


          EXISTING LAW:  


          1)Specifies that it is a misdemeanor for any owner or manager of  
            an elephant to engage in abusive behavior toward the elephant,  
            including the discipline of the elephant by any of the  
            following  methods:  
             a)   Deprivation of food, water, or rest. 
             b)   Use of electricity. 


             c)   Physical punishment resulting in damage, scarring, or  








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               breakage of skin. 


             d)   Insertion of any instrument into any bodily orifice. 


             e)   Use of martingales. 


             f)   Use of block and tackle. 


          2)Specifies the actions of a person who maliciously and  
            intentionally maims, mutilates, tortures, or wounds a living  
            animal, or maliciously and intentionally kills an animal as a  
            criminal offense. 
          3)Specifies when a person overdrives, overloads, drives when  
            overloaded, overworks, tortures, torments, deprives of  
            necessary sustenance, drink, or shelter, cruelly beats,  
            mutilates, or cruelly kills any animal, or causes or procures  
            any animal to be so overdriven, overloaded, driven when  
            overloaded, overworked, tortured, tormented, deprived of  
            necessary sustenance, drink, shelter, or to be cruelly beaten,  
            mutilated, or cruelly killed; and whoever, having the charge  
            or custody of any animal, either as owner or otherwise,  
            subjects any animal to needless suffering, or inflicts  
            unnecessary cruelty upon the animal, or in any manner abuses  
            any animal, or fails to provide the animal with proper food,  
            drink, or shelter or protection from the weather, or who  
            drives, rides, or otherwise uses the animal when unfit for  
            labor as a criminal offense. 


          4)Requires punishment as a felony by imprisonment pursuant to  
            Penal Code Section 1170(h), 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 for violations  








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            of Penal Code Section 597 (animal cruelty). 


          5)Requires that if a defendant is granted probation for a  
            conviction animal cruelty, the court shall order the defendant  
            to pay for, and successfully complete, counseling, as  
            determined by the court, designed to evaluate and treat  
            behavior or conduct disorders.  If the court finds that the  
            defendant is financially unable to pay for that counseling,  
            the court may develop a sliding fee schedule based upon the  
            defendant's ability to pay.  The counseling shall be in  
            addition to any other terms and conditions of probation,  
            including any term of imprisonment and any fine.  If the court  
            does not order custody as a condition of probation for a  
            conviction under this section, the court shall specify on the  
            court record the reason or reasons for not ordering custody.   
            This does not apply to cases involving police dogs or horses  
            as described in Penal Code Section 600. 


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, unknown, probably minor nonreimbursable local law  
          enforcement and incarceration costs, offset to a degree by  
          increased fine revenue. 




          COMMENTS:  According to the author, "SB 716 simply codifies  
          industry standards for elephant management by prohibiting the  
          use of bullhooks, bats, and pitchforks to discipline an  
          elephant.  A bullhook is typically embedded into most sensitive  
          areas of an elephant, which involves areas around the ears,  
          mouth, and back of the legs.  The use of this instrument also  
          puts handlers at severe risk, should an elephant decide to rebel  
          against the trainer.  Since 1990, there have been at least 16  
          human deaths, and 135 injuries in the U.S. [United States] have  
          been attributed to elephants, primarily in circus-related  
          incidents.  Simply put, it is time for the State to prohibit  








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          this inhumane practice."


          Analysis Prepared by:                                             
                          David Billingsley / PUB. S. / (916) 319-3744   
          FN: 0001416