http://www.leginfo.ca.gov/pub/bill/sen/sb_0901-0950/sb_914_bill_20050907_enrolled.html
BILL NUMBER: SB 914 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 6, 2005
PASSED THE ASSEMBLY SEPTEMBER 1, 2005
AMENDED IN ASSEMBLY AUGUST 16, 2005
AMENDED IN SENATE MAY 26, 2005
AMENDED IN SENATE MAY 9, 2005
AMENDED IN SENATE APRIL 14, 2005
INTRODUCED BY Senator Kehoe
(Coauthor: Assembly Member Wyland)
FEBRUARY 22, 2005
An act to add Section 597z to the Penal Code, relating to animals.
LEGISLATIVE COUNSEL'S DIGEST
SB 914, Kehoe Animal cruelty.
Existing law makes it a crime to engage in animal cruelty, as
specified.
This bill would provide that, except as otherwise authorized under
any other provision of law, it shall be an infraction, punishable by
a fine not to exceed $250, or a misdemeanor, for any person, other
than an organization that provides services as a public animal
sheltering agency or specified pet dealers or rescue groups, to sell
one or more dogs under 8 weeks of age, unless, prior to any physical
transfer of the dog or dogs from the seller to the purchaser, the dog
or dogs are approved for sale, as evidenced by written documentation
from a licensed veterinarian. The bill would provide that the sale
of a dog or dogs shall not be considered complete, and thereby
subject to the requirements and penalties of the bill, unless and
until the seller physically transfers the dog or dogs to the
purchaser; and that, with respect to the sale of 2 or more dogs in
violation of this provision, each dog unlawfully sold shall represent
a separate offense. By creating a new crime, this bill would impose
a state-mandated local program upon local governments.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 597z is added to the Penal Code, to read:
597z. (a) (1) Except as otherwise authorized under any other
provision of law, it shall be a crime, punishable as specified in
subdivision (b), for any person to sell one or more dogs under eight
weeks of age, unless, prior to any physical transfer of the dog or
dogs from the seller to the purchaser, the dog or dogs are approved
for sale, as evidenced by written documentation from a veterinarian
licensed to practice in California.
(2) For the purposes of this section, the sale of a dog or dogs
shall not be considered complete, and thereby subject to the
requirements and penalties of this section, unless and until the
seller physically transfers the dog or dogs to the purchaser.
(b) (1) Any person who violates this section shall be guilty of an
infraction or a misdemeanor.
(2) An infraction under this section shall be punishable by a fine
not to exceed two hundred fifty dollars ($250).
(3) With respect to the sale of two or more dogs in violation of
this section, each dog unlawfully sold shall represent a separate
offense under this section.
(c) This section shall not apply to any of the following:
(1) An organization, as defined in Section 501(c)(3) of the
Internal Revenue Code, or any other organization that provides, or
contracts to provide, services as a public animal sheltering agency.
(2) A pet dealer as defined under Article 2 (commencing with
Section 122125) of Chapter 5 of Part 6 of Division 105 of the Health
and Safety Code.
(3) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group regulated under Division 14 (commencing with Section
30501) of the Food and Agricultural Code.
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.
