BILL NUMBER: ABX1 49	AMENDED	02/28/94
	BILL TEXT

	AMENDED IN ASSEMBLY   FEBRUARY 28, 1994

INTRODUCED BY  Assembly Member Burton

                        FEBRUARY 7, 1994

   An act to {- add Section 596.3 to -} {+ amend Section 597g
of, and to add Section 596.3 to, +} the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 49, as amended, Burton.  Crimes.
   Existing law provides that any person who engages in
specified acts constituting the inhumane treatment of horses is
guilty of a crime, punishable as specified.
   This bill would provide, in addition, that it is a
misdemeanor for any person to intentionally trip or fell a horse
by the legs by any means whatsoever.
   This bill would impose a state-mandated local program upon
local governments by creating a new crime.
  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 1. Section 596.3 is added to the Penal Code, to read:

   596.3.  It is a misdemeanor for any person to intentionally
trip or fell an equine by the legs by any means whatsoever for
the purposes of entertainment or sport.
  SEC. 2. {+ Section 597g of the Penal Code is amended to read:
+}
   597g.  Poling a horse is a method of training horses to jump
which consists of (1) forcing, persuading, or enticing a horse
to jump in such manner that one or more of its legs will come in
contact with an obstruction consisting of any kind of wire, or
a pole, stick, rope or other object with brads, nails, tacks or
other sharp points imbedded therein or attached thereto or (2)
raising, throwing or moving a pole, stick, wire, rope or other
object, against one or more of the legs of a horse while it is
jumping an obstruction so that the horse, in either case, is
induced to raise such leg or legs higher in order to clear the
obstruction.  {+Tripping a horse is an act that consists of the
use of any wire, pole, stick, rope, or other object or apparatus
whatsoever to cause a horse to fall or lose its balance. +}
The poling {+ or tripping +} of any horse is unlawful and any
person violating the provisions of this section is guilty of a
misdemeanor.  {+
   This section does not apply to the lawful laying down of a
horse for medical or identification purposes. +}  {+
  SEC. 3. +} No reimbursement is required by this act pursuant
to Section 6 of Article XIIIB of the California Constitution
because the only costs which may be incurred by a local agency
or school district will be incurred because this act creates a
new crime or infraction, changes the definition of a crime or
infraction, changes the penalty for a crime or infraction, or
eliminates a crime or infraction.  Notwithstanding Section 17580
of the Government Code, unless otherwise specified in this act,
the provisions of this act shall become operative on the same
date that the act takes effect pursuant to the California
Constitution.