SB 1395, as introduced, Stone. Crimes: animal abuse.
Existing law prohibits, subject to exceptions, specified acts of animal abuse including, among others, the malicious and intentional maiming, mutilation, torture, or wounding of a living animal. Under existing law, a violation of those provisions is punishable as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years, 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.
This bill would instead make a felony violation of the provisions described above punishable by imprisonment in a county jail for 2, 3, or 4 years, or by a fine of not more than $40,000, or by both that fine and imprisonment. By increasing the penalties for existing crimes, 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 597 of the Penal Code is amended to
(a) Except as provided in subdivision (c)
begin delete of this sectionend delete
4 or Section 599c,
begin delete everyend delete person who maliciously and intentionally
5maims, mutilates, tortures, or wounds a living animal, or
6maliciously and intentionally kills an animal, is guilty of a crime
7punishable pursuant to subdivision (d).
8(b) Except as otherwise provided in subdivision (a) or (c),
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9 person who overdrives, overloads, drives when overloaded,
10overworks, tortures, torments, deprives of necessary sustenance,
11drink, or shelter, cruelly beats, mutilates, or cruelly kills
begin delete anyend delete
12 animal, or causes or procures
begin delete anyend delete animal to be so overdriven,
13overloaded, driven when overloaded, overworked, tortured,
14tormented, deprived of necessary sustenance, drink, shelter, or to
15be cruelly beaten, mutilated, or cruelly killed; and whoever, having
16the charge or custody of
begin delete anyend delete
animal, either as owner or
begin delete anyend delete animal to needless suffering, or inflicts
18unnecessary cruelty upon the animal, or in any manner abuses
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19 animal, or fails to provide the animal with proper food, drink,
20or shelter or protection from the weather, or who drives, rides, or
21otherwise uses the animal when unfit for labor, is, for each offense,
22guilty of a crime punishable pursuant to subdivision (d).
23(c) Every person who maliciously and intentionally maims,
24mutilates, or tortures
begin delete anyend delete mammal, bird, reptile, amphibian, or
25fish, as described in subdivision (e), is guilty of a crime punishable
26pursuant to subdivision (d).
27(d) A violation of subdivision (a), (b), or (c) is punishable as a
28felony by imprisonment pursuant to subdivision (h) of Section
begin delete 1170,end delete or by a fine of not more
begin delete twentyend delete thousand dollars begin delete ($20,000),end delete or by both
31that fine and imprisonment, or alternatively, as a misdemeanor by
32imprisonment in a county jail for not more than one year, or by a
33fine of not more than twenty thousand dollars ($20,000), or by
34both that fine and imprisonment.
35(e) Subdivision (c) applies to
begin delete anyend delete mammal, bird, reptile,
36amphibian, or fish
begin delete whichend delete is a creature described as follows:
P3 1 Endangered species or threatened species as described in
2Chapter 1.5 (commencing with Section 2050) of Division 3 of the
3Fish and Game Code.
5 Fully protected birds described in Section 3511 of the Fish
6and Game Code.
8 Fully protected mammals described in Chapter 8
9(commencing with Section 4700) of Part 3 of Division 4 of the
10Fish and Game Code.
12 Fully protected reptiles and amphibians described in Chapter
132 (commencing with Section 5050) of Division 5 of the Fish and
16 Fully protected fish as described in Section 5515 of the Fish
17and Game Code.
18 This subdivision does not supersede or affect any
begin delete provisions law relating to taking of the described species, including, but
20not limited to, Section 12008 of the Fish and Game Code.
21(f) For the purposes of subdivision (c), each act of malicious
22and intentional maiming, mutilating, or torturing a separate
23specimen of a creature described in subdivision (e) is a separate
begin delete anyend delete person is charged with a violation of subdivision
25(c), the proceedings shall be subject to Section 12157 of the Fish
26and Game Code.
27(g) (1) Upon the conviction of a person charged with a violation
28of this section by causing or permitting an act of cruelty, as defined
29in Section 599b, all animals lawfully seized and impounded with
30respect to the violation by a peace officer, officer of a humane
31society, or officer of a pound or animal regulation department of
32a public agency shall be adjudged by the court to be forfeited and
33shall thereupon be awarded to the impounding officer for proper
34disposition. A person convicted of a violation of this section by
35causing or permitting an act of cruelty, as defined in Section 599b,
36shall be liable to the impounding officer for all costs of
37impoundment from the time of seizure to the time of proper
39(2) Mandatory seizure or impoundment shall not apply to
40animals in properly conducted scientific experiments or
P4 1investigations performed under the authority of the faculty of a
2regularly incorporated medical college or university of this state.
3(h) Notwithstanding any other
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law, if a defendant
4is granted probation for a conviction under this section, the court
5shall order the defendant to pay for, and successfully complete,
6counseling, as determined by the court, designed to evaluate and
7treat behavior or conduct disorders. If the court finds that the
8defendant is financially unable to pay for that counseling, the court
9may develop a sliding fee schedule based upon the defendant’s
10ability to pay. An indigent defendant may negotiate a deferred
11payment schedule, but shall pay a nominal fee if the defendant has
12the ability to pay the nominal fee. County mental health
13departments or Medi-Cal shall be responsible for the costs of
14counseling required by this section only for those persons who
15meet the medical necessity criteria for mental health managed care
16pursuant to Section 1830.205 of Title 9 of the California Code of
17Regulations or the targeted population criteria specified in Section
185600.3 of the Welfare and Institutions Code. The counseling
19specified in this subdivision shall be in addition to any other terms
20and conditions of probation, including any term of imprisonment
21and any fine. This
begin delete provisionend delete specifies a mandatory
22additional term of probation and is not to be utilized as an
23alternative in lieu of imprisonment pursuant to subdivision (h) of
24Section 1170 or county jail when that sentence is otherwise
25appropriate. If the court does not order custody as a condition of
26probation for a conviction under this section, the court shall specify
27on the court record the reason or reasons for not ordering custody.
28This subdivision shall not apply to cases involving police dogs or
29horses as described in Section 600.
No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California