BILL ANALYSIS Ó
SB 716
Page 1
SENATE THIRD READING
SB
716 (Lara)
As Amended July 16, 2015
Majority vote
SENATE VOTE: 29-7
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|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, | |
SB 716
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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