BILL NUMBER: AB 732 AMENDED
 BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2003
 AMENDED IN ASSEMBLY APRIL 22, 2003
INTRODUCED BY Assembly Member Hancock
FEBRUARY 19, 2003
An act to add Sections 599g and 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 <strike> during
pregnancy </strike> 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 <strike> raises a calf in conditions
under which it is tethered and unable to turn around freely, lie
down with its legs and neck outstretched, and groom itself </strike>
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.
State-mandated 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 <strike> in an enclosure or
tethers a pig during pregnancy so that the pig is unable to turn
</strike> 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 <strike> if the pig is undergoing
an examination, test, treatment, or operation carried out for
veterinary purposes provided that the period during which the pig is
confined or tethered is not longer that is reasonably necessary.
</strike> 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 <strike> raises a calf in
conditions under which it is tetheredand unable to turn around
freely, lie down with its legs and neck outstretched, and groom
itself </strike> 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. 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.
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