Bill Text: CA SB135 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Animal abuse: cattle: tail docking.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 344, Statutes of 2009. [SB135 Detail]

Download: California-2009-SB135-Amended.html

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BILL NUMBER: SB 135	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 6, 2009
	AMENDED IN ASSEMBLY  JUNE 25, 2009
	AMENDED IN SENATE  MAY 4, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Florez
   (Coauthors: Senators DeSaulnier and Hancock)

                        FEBRUARY 10, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 135, as amended, 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, but would exclude from the application of the crime of
docking emergency  veterinary  treatment performed, as
specified  , and reported to the Department of Food and
Agriculture within 30 days  . 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, 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" when the solid
part of an animal's tail must be removed in an emergency for the
purpose of saving the animal's life or relieving the animal's pain,
provided that the emergency treatment is performed consistent with
the Veterinary Medicine Practice Act (commencing with Section 4811)
of Article 1 of Chapter 11 of Division 2 of the Business and
Professions Code  and is reported to the Department of Food
and Agriculture within 30 days.   . 
   (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.