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AB-732 Crime.(2003-2004)

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AB732:v96#DOCUMENT

Amended  IN  Assembly  April 22, 2003
Amended  IN  Assembly  April 23, 2003
Amended  IN  Assembly  January 05, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 732

Introduced  by  Assembly Member Hancock
 (Coauthor(s): Assembly Member Koretz)
 (Coauthor(s): Senator Kuehl)

February 19, 2003

An act to add Sections 599g and Section 599h to the Penal Code, relating to crime.


LEGISLATIVE COUNSEL'S DIGEST


AB 732, as amended, Hancock. Crime.
Existing law generally prohibits cruelty to animals. Existing law also provides that any person who subjects an animal to unnecessary cruelty or deprives it of necessary food, drink, or shelter is guilty of a crime punishable by imprisonment in a county jail or in the state prison, by a fine not exceeding $20,000, or by both imprisonment and fine.
This bill would provide that any person who confines in an enclosure or tethers a pregnant pig on a farm so that the pig is unable to turn around freely is guilty of a crime punishable by imprisonment in a county jail for a period of one year, a fine of up to $1,000, or by both that imprisonment and fine, as specified. This bill would also provide that any person who confines a calf in an enclosure, or who tethers a calf, on a farm in a manner that prevents the calf from turning around in a complete circle or grooming itself completely or who does not feed a calf a daily diet containing sufficient iron to prevent anemia or sufficient solid food to prevent impairment of the development of its rumen is guilty of a crime punishable by imprisonment in a county jail for a period of one year, a fine of up to $1,000, or by both that imprisonment and fine. Because this bill would create new crimes, it 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   Local Program: YES  

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


SECTION 1.Section 599g is added to the Penal Code, to read:
599g.

(a)Any person who confines a pig during pregnancy in an enclosure, or who tethers a pig during pregnancy, on a farm in a manner that prevents her from turning around freely is guilty of a crime punishable by imprisonment in a county jail for a period of one year, a fine of up to one thousand dollars ($1,000), or by both that imprisonment and fine.

(b)This section shall not apply during the prebirthing period.

(c)The following definitions shall govern this section:

(1)“Prebirthing period” means the seven-day period prior to the pig’s expected date of giving birth.

(2)“Turning around freely” means turning around in a complete circle without any impediment, including a tether, or in the case of an enclosure, without touching any side of the enclosure.

(3)“Enclosure” means any cage, crate, or other enclosure in which a pig is kept for all or the majority of any day, including what is commonly described as the “gestation crate.”

(4)“Farm” means the land, buildings, support facilities, and other equipment used in the production of animals for food or fiber.

(d)This section shall take effect on January 1, 2007.
SEC. 2.

Section 599h is added to the Penal Code, to read:

599h.
 (a) Any person who confines a calf in an enclosure, or who tethers a calf, on a farm in a manner that prevents the calf from turning around in a complete circle or grooming itself completely is guilty of a crime punishable by imprisonment in a county jail for a period of one year, a fine of up to one thousand dollars ($1,000), or by both that imprisonment and fine.
(b) Any person who does not feed a calf a daily diet containing sufficient iron to prevent anemia or sufficient solid food to prevent impairment of the development of its rumen is guilty of a crime punishable by imprisonment in a county jail for a period of one year, a fine of up to one thousand dollars ($1,000), or both that fine and imprisonment.
(c) The following definitions shall govern this section:
(1) “Enclosure” means any cage, crate, or other enclosure in which a calf is kept for all or the majority of any day, including what is commonly described as the “veal crate.”
(2) “Farm” means the land, buildings, support facilities, and other appurtenances used in the production of animals for food or fiber.

SEC. 3.

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.