Bill Text: CA SB921 | 2023-2024 | Regular Session | Amended

California Senate Bill 921

Bill Title: Animal welfare.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2024-04-08 - Read second time and amended. Re-referred to Com. on APPR. [SB921 Detail]

Download: California-2023-SB921-Amended.html

Amended IN Senate April 08, 2024

Amended IN Senate March 13, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 921

Introduced by Senator Roth
(Coauthors: Senators Min and Ochoa Bogh)

January 11, 2024

An act to amend ~~Section 597~~ Sections 597 and 599c of the Penal Code, relating to animal welfare.

LEGISLATIVE COUNSEL'S DIGEST

SB 921, as amended, Roth. Animal welfare.

Existing law makes it a crime to inflict unnecessary cruelty or to abuse an animal in any manner, including, but not limited to, maliciously and intentionally maiming, mutilating, torturing, or wounding an animal.

This bill would additionally make it a crime to otherwise abuse or subject a living animal to needless suffering. ~~The bill would make it a crime for a person to maliciously and intentionally mistreat any animal even if the mistreatment does not cause physical injury, subject to specified exceptions.~~ By expanding the scope of a crime, this bill would impose a state-mandated local program.

~~Existing law requires a person who is convicted of specified crimes, including misdemeanor or felony abuse of an animal, who is granted probation to successfully complete counseling.~~
This bill would expand that requirement to require a person convicted of an infraction for abusing an animal to complete counseling. The bill would make failure to complete counseling a misdemeanor. By creating a new crime, the bill would impose a state-mandated local program.
The bill would require that specified handling and husbandry practices widely regarded as routine, including rodeo or rodeo related events, not be presumed to constitute animal mistreatment. The bill would make animal treatment laws inapplicable to acts authorized pursuant to permits issued by a wildlife agency as part of wildlife conservation research and to traditional methods of animal testing performed for the purpose of medical research, as defined.

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 Local Program: YES

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

SECTION 1.

Section 597 of the Penal Code is amended to read:

597.

(a) Except as provided in subdivision (c) of this section or Section 599c, a person who maliciously and intentionally maims, mutilates, tortures, wounds, poisons, or otherwise abuses or subjects a living animal to needless suffering, or maliciously and intentionally kills an animal, is guilty of a crime punishable pursuant to subdivision ~~(e).~~ (d).

(b) Except as otherwise provided in subdivision (a) or (c), a person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills an animal, or causes or procures an animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of an animal, either as owner or otherwise, subjects an animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses an animal, or fails to provide the animal with proper food, drink, or shelter, or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor, is, for each offense, guilty of a crime punishable pursuant to paragraph (1) of subdivision ~~(e).~~ (d).

(c) A person who maliciously and intentionally maims, mutilates, or tortures a mammal, bird, reptile, amphibian, or fish, as described in subdivision ~~(f),~~ (e), is guilty of a crime punishable pursuant to ~~paragraph (1) of subdivision (e).~~ subdivision (d).

(d)(1)Except as otherwise provided in subdivisions (a), (b), or (c), a person who maliciously and intentionally mistreats any animal but does not cause physical injury is guilty of a crime punishable pursuant to paragraph (2) of subdivision (e).
~~(2)For purposes of this subdivision, “mistreatment” includes, but is not limited to, beating, striking, tormenting, or inflicting unnecessary pain upon any animal without justification.~~
(3)For purposes of this subdivision, animal handling and husbandry practices widely regarded as routine and acceptable practice within the relevant industry or educational modality shall be presumed not to constitute mistreatment.
~~(e)~~
~~(1)This section does not apply to any traditional method of animal testing performed for the purpose of medical research.~~
(2)For the purposes of this section, “medical research” means research related to the causes, diagnosis, treatment, control, or prevention of physical or mental diseases and impairments of humans or animals or related to the development of biomedical products, devices, biologics, parasiticides, or drugs as defined in Section 321(g)(1) of Title 21 of the United States Code.
(3)For the purposes of this section, “traditional method of animal testing” means a process or procedure using animals to obtain information on the characteristics of a chemical, agent, or device and that generates information regarding the ability of a chemical, agent, or device to produce a specific biological effect under specified conditions.
~~(f)(1)A~~

(d) A violation of subdivision (a), (b), or (c) is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than twenty thousand dollars ($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 twenty thousand dollars ($20,000), or by both that fine and imprisonment.

(2)(A)A violation of subdivision (d) is punishable as a misdemeanor by imprisonment in a county jail for not more than one year, a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or as an infraction by a fine of not more than five hundred dollars ($500).
~~(B)A person convicted of an infraction pursuant to this paragraph shall complete counseling or treatment as specified in Section 600.8.~~
(C)If a person is convicted of an infraction pursuant to this paragraph, the court shall impose the fine and order the defendant to file proof of completion of counseling or treatment with the court within 18 months of the conviction.
(D)A person who is ordered to complete counseling or treatment pursuant to this paragraph and who willfully fails to comply with a court order to attend and successfully complete counseling or treatment is guilty of a misdemeanor.
~~(g)~~

(e) (1) Subdivision (c) applies to a mammal, bird, reptile, amphibian, or fish that is a creature described as follows:

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

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

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

(D) Fully protected reptiles and amphibians described in Chapter 2 (commencing with Section 5050) of Division 5 of the Fish and Game Code.

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

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

~~(h)~~

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

~~(i)~~

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

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

~~(j)~~

(h) For the purposes of this section, “malicious” or “maliciously” means having the unlawful intent to disturb, annoy, or injure an animal, or the intent to do a wrongful ~~act, established either by proof or by presumption of law.~~ act.

(i) It is the intent of the Legislature to hold accountable those individuals who affirmatively act to harm animals or who are criminally negligent in their care for animals within their custody or possession. This section does not impair those professions that necessarily involve interactions with animals including, but not limited to, those described in Section 599c.

SEC. 2.

Section 599c of the Penal Code is amended to read:

599c.

~~No part of this title shall be construed as interfering~~ (a) (1) The provisions of this title do not interfere with any of the laws of this state known as the “game laws,” or any laws for or against the destruction of certain ~~birds, nor must this title be construed as interfering~~ birds.

(2) The provisions of this title do not interfere with the right to destroy any venomous reptile, or any animal known as dangerous to life, limb, or property, or to interfere with the right to kill ~~all animals~~ an animal used for ~~food, or with~~ food.

(3) The provisions of this title do not interfere with the right to conduct properly conducted scientific experiments or investigations performed under the authority of the faculty of a regularly incorporated medical college or university of this state.

(b) For purposes of this title, animal handling and husbandry practices widely regarded as routine and acceptable practices within the relevant industry or educational modality, including, but not limited to, those practices commonly found in rodeo or rodeo related events, shall be presumed not to constitute mistreatment.
(c) This title does not apply to acts authorized pursuant to a permit issued by a state or federal wildlife agency as part of a wildlife conservation research or recovery effort including, but not limited to, immobilizations, vaccinations, tagging, banding, collaring, or similar activities.
(d) This title does not apply to any traditional method of animal testing performed for the purpose of medical research.
(1) For the purposes of this section, “medical research” means research related to the causes, diagnosis, treatment, control, or prevention of physical or mental diseases and impairments of humans or animals or related to the development of biomedical products, devices, biologics, parasiticides, or drugs as defined in Section 321(g)(1) of Title 21 of the United States Code.
(2) For the purposes of this section, “traditional method of animal testing” means a process or procedure using animals to obtain information on the characteristics of a chemical, agent, or device and that generates information regarding the ability of a chemical, agent, or device to produce a specific biological effect under specified conditions.
(e) This title does not apply to any of the following:
(1) An animal test of any cosmetic that is required by a federal or state regulatory authority if all of the following apply:
(A) The ingredient is in wide use and cannot be replaced by another ingredient capable of performing a similar function.
(B) A specific human health problem is substantiated and the need to conduct animal tests is justified and is supported by a detailed research protocol proposed as the basis for the evaluation.
(C) There is not a nonanimal alternative method accepted for the relevant endpoint by the relevant federal or state regulatory authority.
(2) An animal test that was conducted to comply with a requirement of a foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer.
(3) An animal test that was conducted on any product or ingredient subject to the requirements of Subchapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.).
(4) (A) An animal test that was conducted for noncosmetic purposes in response to a requirement of a federal, state, or foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer.
(B) A manufacturer is not prohibited from reviewing, assessing, or retaining evidence from an animal test conducted pursuant to this paragraph.

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.