BILL NUMBER: SB 135	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Florez

                        FEBRUARY 10, 2009

   An act to amend Section 597n of the Penal Code, relating to animal
abuse.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 135, as introduced, Florez. Animal abuse: cattle: tail docking.

   Existing law makes it a misdemeanor for any person to cut the
solid part of the tail of any horse in the operation known as
"docking."
   This bill would likewise prohibit the docking of cattle, as
defined, except as specified. By expanding the scope of an existing
crime, this 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 597n of the Penal Code is amended to read:
   597n.   (a)    Any person who cuts the solid
part of the tail of any horse  or cattle  in the operation
known as "docking," or in any other operation performed for the
purpose of shortening the tail of any horse  or cattle  ,
within the State of California, or procures the same to be done, or
imports or brings into this state any docked  horse, or
horses   animal  , or drives, works, uses, races,
or deals in any unregistered docked horse, or horses, within the
State of California except as provided in Section 597r, is guilty of
a misdemeanor. 
   (b) Subdivision (a) shall not apply to "docking" performed during
an individual treatment, emergency, or operation, if the treatment or
operation is performed by a veterinarian for veterinary purposes,
provided that the treatment or operation is performed under the
following conditions:  
   (1) The animal has been adequately anesthetized to minimize the
animal's pain and suffering during the treatment or operation. 

   (2) In such a way as to minimize the long-term pain and suffering
resulting from the treatment or operation.  
   (3) Using only suitable instruments.  
   (4) In hygienic conditions.  
   (c) For the purposes of this section, "cattle" means any animal of
the bovine species. 
  SEC. 2.  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.