BILL NUMBER: SB 716	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 16, 2015
	AMENDED IN SENATE  MAY 5, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Lara
   (Principal coauthor: Assembly Member Bonta)

                        FEBRUARY 27, 2015

   An act to  amend   amend, repeal, and add
 Section 596.5 of the Penal Code, relating to animal cruelty.


	LEGISLATIVE COUNSEL'S DIGEST


   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,  expand the scope
of these provisions to apply to any person who houses, possesses, or
is in direct contact with an elephant and  additionally provide
that abusive behavior toward the elephant includes the use of a
bullhook, ankus, baseball bat, axe handle, pitchfork, or similar
 device by any person who houses, possesses, or is in direct
contact with an elephant.   device.  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 1.  Section 596.5 of the Penal Code is amended to read:
   596.5.  (a) It shall be 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:
   (1) Deprivation of food, water, or rest.
   (2) Use of electricity.
   (3) Physical punishment resulting in damage, scarring, or breakage
of skin.
   (4) Insertion of any instrument into any bodily orifice.
   (5) Use of martingales.
   (6) Use of block and tackle. 
   (b) 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. Use
prohibited by this section includes brandishing, exhibiting, or
displaying such devices in the presence of an elephant. 

   (b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. 
   SEC. 2.    Section 596.5 is added to the  
Penal Code   , to read:  
   596.5.  (a) It shall be a misdemeanor for any person who houses,
possesses, or is in direct contact with an elephant to engage in
abusive behavior toward the elephant, including the discipline of the
elephant by any of the following methods:
   (1) Deprivation of food, water, or rest.
   (2) Use of electricity.
   (3) Physical punishment resulting in damage, scarring, or breakage
of skin.
   (4) Insertion of any instrument into any bodily orifice.
   (5) Use of martingales.
   (6) Use of block and tackle.
   (b) 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. Use prohibited by this
subdivision includes brandishing, exhibiting, or displaying such
devices in the presence of an elephant.
   (c) This section shall become operative on January 1, 2018. 
   SEC. 2.   SEC. 3.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.