Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2052

Introduced by Assembly Member Williams

February 17, 2016

An act tobegin delete amend Section 597 ofend deletebegin insert add Section 597.8 toend insert the Penal Code, relating to crimes.


AB 2052, as amended, Williams. Animal cruelty.

begin insert

Existing law makes it a crime, punishable as specified, to commit various forms of animal abuse, including maliciously or intentionally maiming or killing an animal and dogfighting.

end insert
begin insert

This bill would require, upon conviction of specified types of animal abuse but prior to sentencing, the court to order the person convicted to submit to a psychiatric or psychological examination, to be provided and paid for by the court. The bill would require the court to consider the result of the examination in determining a sentence.

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begin delete

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.

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This bill would make technical, nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 597.8 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert

begin insert597.8.end insert  

Upon conviction pursuant to subdivision (a) or (b) of
3Section 597 or Section 597a, 597b, 597h, 597j, 597s, or 597.1, but
4prior to sentencing, the court shall order the person convicted to
5submit to a psychiatric or psychological examination. All
6examinations shall be provided and paid for by the court. The
7results of the examination shall be sent by the examining
8psychologist or psychiatrist to the court and to the attorneys for
9the prosecution and the defense. The court shall consider the
10results of the examination in determining a sentence.

end insert
begin delete


Section 597 of the Penal Code is amended to



(a) Except as provided in subdivision (c) of this section
14or Section 599c, a person who maliciously and intentionally maims,
15mutilates, tortures, or wounds a living animal, or maliciously and
16intentionally kills an animal, is guilty of a crime punishable
17pursuant to subdivision (d).

18(b) Except as otherwise provided in subdivision (a) or (c), a
19person who overdrives, overloads, drives when overloaded,
20overworks, tortures, torments, deprives of necessary sustenance,
21drink, or shelter, cruelly beats, mutilates, or cruelly kills an animal,
22or causes or procures an animal to be so overdriven, overloaded,
23driven when overloaded, overworked, tortured, tormented, deprived
24of necessary sustenance, drink, shelter, or to be cruelly beaten,
25mutilated, or cruelly killed; and whoever, having the charge or
26custody of an animal, either as owner or otherwise, subjects an
27animal to needless suffering, or inflicts unnecessary cruelty upon
28the animal, or in any manner abuses an animal, or fails to provide
29the animal with proper food, drink, or shelter or protection from
30the weather, or who drives, rides, or otherwise uses the animal
31when unfit for labor, is, for each offense, guilty of a crime
32punishable pursuant to subdivision (d).

33(c) Every person who maliciously and intentionally maims,
34mutilates, or tortures a mammal, bird, reptile, amphibian, or fish,
35as described in subdivision (e), is guilty of a crime punishable
36pursuant to subdivision (d).

37(d)  A violation of subdivision (a), (b), or (c) is punishable as a
38felony by imprisonment pursuant to subdivision (h) of Section
P3    11170, or by a fine of not more than twenty thousand dollars
2($20,000), or by both that fine and imprisonment, or alternatively,
3as a misdemeanor by imprisonment in a county jail for not more
4than one year, or by a fine of not more than twenty thousand dollars
5($20,000), or by both that fine and imprisonment.

6(e) Subdivision (c) applies to a mammal, bird, reptile,
7amphibian, or fish that is a creature described as follows:

8(1) Endangered species or threatened species as described in
9Chapter 1.5 (commencing with Section 2050) of Division 3 of the
10Fish and Game Code.

11(2) Fully protected birds described in Section 3511 of the Fish
12and Game Code.

13(3) Fully protected mammals described in Chapter 8
14(commencing with Section 4700) of Part 3 of Division 4 of the
15Fish and Game Code.

16(4) Fully protected reptiles and amphibians described in Chapter
172 (commencing with Section 5050) of Division 5 of the Fish and
18Game Code.

19(5) Fully protected fish as described in Section 5515 of the Fish
20and Game Code.

21This subdivision does not supersede or affect any law relating
22to taking of the described species, including, but not limited to,
23Section 12008 of the Fish and Game Code.

24(f) For the purposes of subdivision (c), each act of malicious
25and intentional maiming, mutilating, or torturing a separate
26specimen of a creature described in subdivision (e) is a separate
27offense. If a person is charged with a violation of subdivision (c),
28the proceedings shall be subject to Section 12157 of the Fish and
29Game Code.

30(g) (1) Upon the conviction of a person charged with a violation
31of this section by causing or permitting an act of cruelty, as defined
32in Section 599b, all animals lawfully seized and impounded with
33respect to the violation by a peace officer, officer of a humane
34society, or officer of a pound or animal regulation department of
35a public agency shall be adjudged by the court to be forfeited and
36shall thereupon be awarded to the impounding officer for proper
37disposition. A person convicted of a violation of this section by
38causing or permitting an act of cruelty, as defined in Section 599b,
39shall be liable to the impounding officer for all costs of
P4    1impoundment from the time of seizure to the time of proper

3(2) Mandatory seizure or impoundment shall not apply to
4animals in properly conducted scientific experiments or
5investigations performed under the authority of the faculty of a
6regularly incorporated medical college or university of this state.

7(h) Notwithstanding any other law, if a defendant is granted
8probation for a conviction under this section, the court shall order
9the defendant to pay for, and successfully complete, counseling,
10as determined by the court, designed to evaluate and treat behavior
11or conduct disorders. If the court finds that the defendant is
12 financially unable to pay for that counseling, the court may develop
13a sliding fee schedule based upon the defendant’s ability to pay.
14An indigent defendant may negotiate a deferred payment schedule,
15but shall pay a nominal fee if the defendant has the ability to pay
16the nominal fee. County mental health departments or Medi-Cal
17shall be responsible for the costs of counseling required by this
18section only for those persons who meet the medical necessity
19criteria for mental health managed care pursuant to Section
201830.205 of Title 9 of the California Code of Regulations or the
21targeted population criteria specified in Section 5600.3 of the
22Welfare and Institutions Code. The counseling specified in this
23subdivision shall be in addition to any other terms and conditions
24of probation, including a term of imprisonment and a fine. This
25provision specifies a mandatory additional term of probation and
26is not to be utilized as an alternative in lieu of imprisonment
27pursuant to subdivision (h) of Section 1170 or county jail when
28that sentence is otherwise appropriate. If the court does not order
29custody as a condition of probation for a conviction under this
30section, the court shall specify on the court record the reason or
31reasons for not ordering custody. This subdivision shall not apply
32to cases involving police dogs or horses as described in Section

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