AB 1543, as introduced, Brough. Animals: 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 require a person who violates the animal abuse prohibitions described above to be punished by a fine of not more than $5,000 for each violation, in addition to the fines described above. The bill would require those additional fines to be deposited into the Victims of Animal Abuse Fund, which would be established by the bill. The bill would require the Veterinary Medical Board to administer the fund, and would continuously appropriate all money deposited in the fund to the board for the bill’s purposes. The bill would generally require the board to use the money in the fund to compensate the owner or caretaker of an animal that requires medical care, rehabilitation, or recovery as a result of a violation of the animal abuse prohibitions described above for the costs incurred by the owner or caretaker for the animal’s medical care, rehabilitation, or recovery. The bill would also require, in addition to any other penalty provided by law, a person who violates the animal abuse prohibitions described above in a rehabilitative facility for animals to pay for and successfully complete an appropriate counseling course, as determined by the court, designed to evaluate and treat behavior or conduct disorders. The bill would define “rehabilitative facility for animals” for these purposes as a facility at which medical care or rehabilitative services are provided to animals, including, but not limited to, an animal sanctuary, animal shelter, or aquarium. 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.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: yes. 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) of this section
4or 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),
begin delete everyend delete
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,
P3 1overloaded, driven when overloaded, overworked, tortured,
2tormented, deprived of necessary sustenance, drink, shelter, or to
3be cruelly beaten, mutilated, or cruelly killed; and whoever, having
4the charge or custody of
begin delete anyend delete
animal, either as owner or
begin delete anyend delete animal to needless suffering, or inflicts
6unnecessary cruelty upon the animal, or in any manner abuses
begin delete anyend delete
7 animal, or fails to provide the animal with proper food, drink,
8or shelter or protection from the weather, or who drives, rides, or
9otherwise uses the animal when unfit for labor, is, for each offense,
10guilty of a crime punishable pursuant to subdivision (d).
begin deleteEvery end deleteperson who maliciously and intentionally maims,
12mutilates, or tortures
begin delete anyend delete mammal, bird, reptile, amphibian, or
13fish, as described in subdivision (e), is guilty of a crime punishable
14pursuant to subdivision (d).
15(d) A violation of subdivision (a), (b), or (c) is punishable
16as a felony by imprisonment pursuant to subdivision (h) of Section
171170, or by a fine of not more than twenty thousand dollars
18($20,000), or by both that fine and imprisonment, or alternatively,
19as a misdemeanor by imprisonment in a county jail for not more
20than one year, or by a fine of not more than twenty thousand dollars
21($20,000), or by both 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:
38 Endangered species or threatened species as described in
39Chapter 1.5 (commencing with Section 2050) of Division 3 of the
40Fish and Game Code.
P5 1(2)end delete
2 Fully protected birds described in Section 3511 of the Fish
3and Game Code.
5 Fully protected mammals described in Chapter 8
6(commencing with Section 4700) of Part 3 of Division 4 of the
7Fish and Game Code.
9 Fully protected reptiles and amphibians described in Chapter
102 (commencing with Section 5050) of Division 5 of the Fish and
13 Fully protected fish as described in Section 5515 of the Fish
14and Game Code.
15 This subdivision does not supersede or affect any
begin delete provisions law relating to taking of the described species, including, but
17not limited to, Section 12008 of the Fish and Game Code.
18(f) For the purposes of subdivision (c), each act of malicious
19and intentional maiming, mutilating, or torturing a separate
20specimen of a creature described in subdivision (e) is a separate
begin delete anyend delete person is charged with a violation of subdivision
22(c), the proceedings shall be subject to Section 12157 of the Fish
23and Game Code.
24(g) (1) Upon the conviction of a person charged with a violation
25of this section by causing or permitting an act of cruelty, as defined
26in Section 599b, all animals lawfully seized and impounded with
27respect to the violation by a peace officer, officer of a humane
28society, or officer of a pound or animal regulation department of
29a public agency shall be adjudged by the court to be forfeited and
30shall thereupon be awarded to the impounding officer for proper
31disposition. A person convicted of a violation of this section by
32causing or permitting an act of cruelty, as defined in Section 599b,
33shall be liable to the impounding officer for all costs of
34impoundment from the time of seizure to the time of proper
36(2) Mandatory seizure or impoundment shall not apply to
37animals in properly conducted scientific experiments or
38investigations performed under the authority of the faculty of a
39regularly incorporated medical college or university of this state.
P6 1(h) Notwithstanding any other
begin delete provision ofend delete
law, if a defendant
2is granted probation for a conviction under this section, the court
3shall order the defendant to pay for, and successfully complete,
4counseling, as determined by the court, designed to evaluate and
5treat behavior or conduct disorders. If the court finds that the
6defendant is financially unable to pay for that counseling, the court
7may develop a sliding fee schedule based upon the defendant’s
8ability to pay. An indigent defendant may negotiate a deferred
9payment schedule, but shall pay a nominal fee if the defendant has
10the ability to pay the nominal fee. County mental health
11departments or Medi-Cal shall be responsible for the costs of
12counseling required by this section only for those persons who
13meet the medical necessity criteria for mental health managed care
14pursuant to Section 1830.205 of Title 9 of the California Code of
15Regulations or the targeted population criteria specified in Section
165600.3 of the Welfare and Institutions Code. The counseling
17specified in this subdivision shall be in addition to any other terms
18and conditions of probation, including any term of imprisonment
19and any fine. This
begin delete provisionend delete specifies a mandatory
20additional term of probation and is not to be utilized as an
21alternative in lieu of imprisonment pursuant to subdivision (h) of
22Section 1170 or county jail when that sentence is otherwise
23appropriate. If the court does not order custody as a condition of
24probation for a conviction under this section, the court shall specify
25on the court record the reason or reasons for not ordering custody.
26This subdivision shall not apply to cases involving police dogs or
27horses as described in Section 600.
No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California
This act is an urgency statute necessary for the
38immediate preservation of the public peace, health, or safety within
39the meaning of Article IV of the Constitution and shall go into
40immediate effect. The facts constituting the necessity are:
P7 1In order to provide victims of animal abuse with restitution for
2the costs associated with medical care and recovery for animals
3resulting from that abuse at the earliest possible time, it is necessary
4for this act to take effect immediately.