Bill Text: CA SB716 | 2015-2016 | Regular Session | Enrolled
Bill Title: Animal cruelty: elephants.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2016-04-25 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB716 Detail]
Download: California-2015-SB716-Enrolled.html
BILL NUMBER: SB 716 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2015
PASSED THE ASSEMBLY AUGUST 27, 2015
AMENDED IN ASSEMBLY JULY 16, 2015
AMENDED IN SENATE MAY 5, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Lara
(Principal coauthor: Assembly Member Bonta)
FEBRUARY 27, 2015
An act to amend, repeal, and add Section 596.5 of the Penal Code,
relating to animal cruelty.
LEGISLATIVE COUNSEL'S DIGEST
SB 716, Lara. Animal cruelty: elephants.
Existing law makes it a misdemeanor for any owner or manager of an
elephant to engage in abusive behavior toward the elephant, which
includes disciplining an elephant by specified methods, including,
but not limited to, use of electricity.
This bill would, beginning January 1, 2018, expand the scope of
these provisions to apply to any person who houses, possesses, or is
in direct contact with an elephant and would additionally provide
that abusive behavior toward the elephant includes the use of a
bullhook, ankus, baseball bat, axe handle, pitchfork, or similar
device. By expanding the scope of a crime, the 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 596.5 of the Penal Code is amended to read:
596.5. (a) It shall be a misdemeanor for any owner or manager of
an elephant to engage in abusive behavior toward the elephant,
including the discipline of the elephant by any of the following
methods:
(1) Deprivation of food, water, or rest.
(2) Use of electricity.
(3) Physical punishment resulting in damage, scarring, or breakage
of skin.
(4) Insertion of any instrument into any bodily orifice.
(5) Use of martingales.
(6) Use of block and tackle.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 2. Section 596.5 is added to the Penal Code, to read:
596.5. (a) It shall be a misdemeanor for any person who houses,
possesses, or is in direct contact with an elephant to engage in
abusive behavior toward the elephant, including the discipline of the
elephant by any of the following methods:
(1) Deprivation of food, water, or rest.
(2) Use of electricity.
(3) Physical punishment resulting in damage, scarring, or breakage
of skin.
(4) Insertion of any instrument into any bodily orifice.
(5) Use of martingales.
(6) Use of block and tackle.
(b) It shall be a misdemeanor for any person who houses,
possesses, or is in direct contact with an elephant to use a
bullhook, ankus, baseball bat, axe handle, pitchfork, or similar
device designed to inflict pain for the purpose of training or
controlling the behavior of an elephant. Use prohibited by this
subdivision includes brandishing, exhibiting, or displaying such
devices in the presence of an elephant.
(c) This section shall become operative on January 1, 2018.
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.
