AB 2052, as introduced, Williams. Animal cruelty.
Existing law makes it a crime, punishable as specified, to maliciously and intentionally maim, mutilate, torture, or wound a living animal, or maliciously and intentionally kill an animal. Existing law also makes it a crime, punishable as specified, to overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance, drink, or shelter, cruelly beat, mutilate, or cruelly kill an animal.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
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).
P2 1(b) Except as otherwise provided in subdivision (a) or (c),
begin delete everyend delete
2 person who overdrives, overloads, drives when overloaded,
3overworks, tortures, torments, deprives of necessary sustenance,
4drink, or shelter, cruelly beats, mutilates, or cruelly kills
begin delete anyend delete
5 animal, or causes or procures
begin delete anyend delete animal to be so overdriven,
6overloaded, driven when overloaded, overworked, tortured,
7tormented, deprived of necessary sustenance, drink, shelter, or to
8be cruelly beaten, mutilated, or cruelly killed; and whoever, having
9the charge or custody of
begin delete anyend delete animal, either as owner or
begin delete anyend delete animal to needless suffering, or inflicts
11unnecessary cruelty upon the animal, or in any manner abuses
begin delete anyend delete
12 animal, or fails to provide the animal with proper food, drink,
13or shelter or protection from the weather, or who drives, rides, or
14otherwise uses the animal when unfit for labor, is, for each offense,
15guilty of a crime punishable pursuant to subdivision (d).
16(c) Every person who maliciously and intentionally maims,
17mutilates, or tortures
begin delete anyend delete mammal, bird, reptile, amphibian, or
18fish, as described in subdivision (e), is guilty of a crime punishable
19pursuant to subdivision (d).
20(d) A violation of subdivision (a), (b), or (c) is punishable as a
21felony by imprisonment pursuant to subdivision (h) of Section
221170, or by a fine of not more than twenty thousand dollars
23($20,000), or by both that fine and imprisonment, or alternatively,
24as a misdemeanor by imprisonment in a county jail for not more
25than one year, or by a fine of not more than twenty thousand dollars
26($20,000), or by both that fine and imprisonment.
27(e) Subdivision (c) applies to
begin delete anyend delete mammal, bird, reptile,
28amphibian, or fish
begin delete whichend delete is a creature described as
29(1) Endangered species or threatened species as described in
30Chapter 1.5 (commencing with Section 2050) of Division 3 of the
31Fish and Game Code.
32(2) Fully protected birds described in Section 3511 of the Fish
33and Game Code.
34(3) Fully protected mammals described in Chapter 8
35(commencing with Section 4700) of Part 3 of Division 4 of the
36Fish and Game Code.
37(4) Fully protected reptiles and amphibians described in Chapter
382 (commencing with Section 5050) of Division 5 of the Fish and
P3 1(5) Fully protected fish as described in Section 5515 of the Fish
2and Game Code.
3This subdivision does not supersede or affect any
begin delete provisions ofend delete
4 law relating to taking of the described species, including, but not
5limited to, Section 12008 of the Fish and Game Code.
6(f) For the purposes of subdivision (c), each act of malicious
7and intentional maiming, mutilating, or torturing a separate
8specimen of a creature described in subdivision (e) is a separate
begin delete anyend delete person is charged with a violation of subdivision
10(c), the proceedings shall be subject to Section 12157 of the Fish
11and Game Code.
12(g) (1) Upon the conviction of a person charged with a violation
13of this section by causing or permitting an act of cruelty, as defined
14in Section 599b, all animals lawfully seized and impounded with
15respect to the violation by a peace officer, officer of a humane
16society, or officer of a pound or animal regulation department of
17a public agency shall be adjudged by the court to be forfeited and
18shall thereupon be awarded to the impounding officer for proper
19disposition. A person convicted of a violation of this section by
20causing or permitting an act of cruelty, as defined in Section 599b,
21shall be liable to the impounding officer for all costs of
22impoundment from the time of seizure to the time of proper
24(2) Mandatory seizure or impoundment shall not apply to
25animals in properly conducted scientific experiments or
26investigations performed under the authority of the faculty of a
27regularly incorporated medical college or university of this state.
28(h) Notwithstanding any other
begin delete provision ofend delete law, if a defendant
29is granted probation for a conviction under this section, the court
30shall order the defendant to pay for, and successfully complete,
31counseling, as determined by the court, designed to evaluate and
32treat behavior or conduct disorders. If the court finds that the
33defendant is financially unable to pay for that counseling, the court
34may develop a sliding fee schedule based upon the defendant’s
35ability to pay. An indigent defendant may negotiate a deferred
36payment schedule, but shall pay a nominal fee if the defendant has
37the ability to pay the nominal fee. County mental health
38departments or Medi-Cal shall be responsible for the costs of
39counseling required by this section only for those persons who
40meet the medical necessity criteria for mental health managed care
P4 1pursuant to Section 1830.205 of Title 9 of the California Code of
2Regulations or the targeted population criteria specified in Section
35600.3 of the Welfare and Institutions Code. The counseling
4specified in this subdivision shall be in addition to any other terms
5and conditions of probation, including
begin delete anyend delete term of imprisonment
begin delete anyend delete fine. This provision specifies a mandatory additional
7term of probation and is not to be utilized as an alternative in lieu
8of imprisonment pursuant to subdivision (h) of Section 1170 or
9county jail when that sentence is otherwise appropriate. If the court
10does not order custody as a condition of probation for a conviction
11under this section, the court shall specify on the court record the
12reason or reasons for not ordering custody. This subdivision shall
13not apply to cases involving police dogs or horses as described in