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AB-2964 Crimes: animal cruelty.(2023-2024)

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Date Published: 03/22/2024 04:00 AM
AB2964:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2964

Introduced by Assembly Member Hart

February 16, 2024

An act to amend Section 597j of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 2964, as amended, Hart. Crimes: animal cruelty.
Existing law prohibits a person from owning, possessing, keeping, or training a bird or other animal with the intent that it be used or engaged by themself, their vendee, or by any other person in an exhibition of fighting. Existing law authorizes a court, after a violation of that crime, to order all birds owned, possessed, kept, or trained in violation of that crime by the defendant to be forfeited and humanely disposed of.
This bill would make the possession of a specified number of roosters, as defined, prima facie evidence of a violation of that crime, subject to specified exceptions. 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 597j of the Penal Code is amended to read:

597j.
 (a) Any person who owns, possesses, keeps, or trains any bird or other animal with the intent that it be used or engaged by themself by their vendee, or by any other person in an exhibition of fighting as described in Section 597b is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine.
(b) This section shall not apply to an exhibition of fighting of a dog with another dog.
(c) A second or subsequent conviction of this section is a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year or by a fine not to exceed twenty-five thousand dollars ($25,000), or by both that imprisonment and fine, except in unusual circumstances in which the interests of justice would be better served by the imposition of a lesser sentence.
(d) (1) It shall be prima facie evidence of a violation of this section for any person to keep or raise more than 3 roosters per acre of residential property, or more than 25 roosters on any residential property, regardless of total acreage.
(2) This subdivision does not apply to any of the following:
(A) Commercial poultry ranches registered with the Department of Food and Agriculture that primarily produce eggs or meat for the commercial sale of food.
(B) Public or private schools registered with the State Department of Education.
(C) Government-operated animal shelters.
(D) Nonprofit animal welfare organizations as defined in Section 6010.40 of the Revenue and Taxation Code.
(E) A 4-H or Future Farmers of America (FFA) project that involves roosters, if written approval of the project has been provided by 4-H or FFA.
(e) For purposes of this section, “rooster” means any male chicken that is any of the following:
(1) Is six months or older.
(2) Has full adult plumage.
(3) Is capable of crowing.

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.