BILL NUMBER: AB 1587 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2005
AMENDED IN ASSEMBLY APRIL 7, 2005
INTRODUCED BY Assembly Member Saldana
FEBRUARY 22, 2005
An act to add Section 598e to the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1587, as amended, Saldana. Farmed Animal Reform Act.
Existing law generally regulates the slaughter of agricultural
animals.
This bill would provide that , notwithstanding any
other provision of law, that it is unlawful
to kill or to attempt to kill any cow or bull, calf, horse, mule,
sheep, swine, goat, fallow deer, or poultry by burning, burying,
grinding, drowning, rapid freezing, or suffocation , as
specified . This bill would also provide that these provisions
may be enforced by a peace officer, humane officer, or animal control
officer. This bill would provide that any person or entity that
violates these provisions shall be subject to a civil penalty of
$1,000 for each violation, $1,000 for each day that the violation
continues, and criminal prosecution. Because this bill would create a
new crime, this 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.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 598e is added to the Penal Code, to read:
598e. (a) (1) Notwithstanding any other provision of law, it is
unlawful for any person to kill or to attempt to kill any cow or
bull, calf, horse, mule, sheep, swine, goat, fallow deer, or poultry
by any of the following methods:
(A) Burning.
(B) Burying.
(C) Drowning.
(D) Grinding.
(E) Rapid freezing.
(F) Suffocation.
(2) To be lawful, any method of slaughter employed shall be
generally accepted by the veterinary profession as reliable,
appropriate to the species of animal upon which it is employed, and
capable of producing loss of consciousness and death as rapidly and
painlessly as possible. A suffering or incapacitated animal shall
either receive veterinary care or be immediately and humanely killed.
(b) For purposes of this section, the following terms have the
following meanings:
(1) "Burning" means killing or attempting to kill an animal
through the use of fire or other heat source.
(2) "Burying" means killing or attempting to kill an animal by
covering it with dirt, or other animals or matter, in order to cause
death by asphyxiation.
(3) "Drowning" means killing or attempting to kill an animal by
submerging it in liquid, in order to cause death by asphyxiation.
(4) "Grinding" means killing or attempting to kill an animal
by maceration or dismemberment. with a
machine not intended to be used with or on animals, including, but
not limited to, a wood chipper.
(5) "Rapid freezing" means killing or attempting to kill an animal
by causing immediate hypothermia.
(6) "Suffocation" means killing or attempting to kill an animal
by restricting its intake of oxygen in order to cause death
by asphyxiation. using a plastic bag or by piling
other animals or items on top of the animal so that the animal is
unable to intake the requisite amount of oxygen necessary to survive.
(c) A peace officer, humane officer for the humane society or
society for the prevention of cruelty to animals, as defined in
Section 14502 of the Corporations Code, or an animal control officer,
as defined in Section 830.9 of the Penal Code, may enforce these
provisions.
(d) Any person or entity that violates this section shall be
subject to a civil penalty of one thousand dollars ($1,000) for each
violation and one thousand dollars ($1,000) for each day that the
violation continues, which shall be payable to the local agency
initiating the enforcement of this section to offset any related
costs.
(e) In addition to the penalties specified in subdivision (d), a
person or entity that violates this section shall be subject to the
penalty specified in Section 19440 of the Food and Agricultural
Code and may be prosecuted by the district attorney of the
county, or the city attorney of the city, in which the violation
occurred.
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.
