California AB 418 – Ban on Ear Cropping

BILL NUMBER: AB 418	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Koretz

                        FEBRUARY 15, 2005

   An act to add Section 597.7 to the Penal Code, relating to
animals.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 418, as introduced, Koretz.   Dogs: animal cruelty: ear
cropping.
   Existing law makes it a crime for any person to engage in acts
that constitute cruelty to animals, as specified.
   This bill would make it a misdemeanor for any person to perform,
or otherwise procure or arrange for the performance of, an ear
cropping procedure on any dog within this state, except if performed
by a licensed veterinarian solely for a therapeutic purpose, as
defined. The prohibition would not apply to the owning, harboring,
selling, buying, adopting, or showing at a dog show or competition of
a dog with cropped ears. A person who violates this provision would
be subject to a maximum civil penalty of $10,000, as specified. By
creating a new crime, this bill would impose a state-mandated local
program upon local government.

  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 597.7 is added to the  Penal Code , to read:
   597.7.  (a) Any person who performs, or otherwise procures or
arranges for the performance of, an ear cropping procedure on any dog
within this state is guilty of a misdemeanor.(b) (1) This section
does not apply to a procedure performed by a licensed veterinarian
solely for a therapeutic purpose.
   (2) Nothing in this section shall prohibit any of the following:
   (A) Showing a dog with cropped ears in a dog show or competition.

   (B) Owning or harboring a dog with cropped ears.
   (C) Selling, buying, or adopting a dog with cropped ears.
   (c) A peace officer, officer of a humane society as qualified
under Section 14502 or 14503 of the Corporations Code, or officer of
an animal control or animal regulation department of a public agency,
as qualified under Section 830.9 of the Penal Code, may enforce this
chapter.
   (d)  (1)Any person who violates this section is subject to a civil
penalty in an amount not to exceed ten thousand dollars ($10,000)
for each violation.
   (2) The civil penalty shall be payable to the local agency
initiating the proceedings to enforce this section to offset the
costs to the agency related to court proceedings.
   (e) A person or entity that violates this section may be
prosecuted by the district attorney of the county in which the
violation occurred, or by the city attorney of the city in which the
violation occurred.
   (f) For the purposes of this section, the following terms have the
following meanings:
   (1) "Ear cropping" means the surgical alteration, manipulation, or
removal of any part of a dog's ear so that the ear then heals in a
pointed, erect, or severed state.
   (2) "Therapeutic purpose" means a medically necessary procedure to
address a disease or injury of the dog's ear or to address a
condition that jeopardizes the dog's health. "Therapeutic purpose"
does not include the prevention of an ear infection.
  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.