BILL NUMBER: SB 732	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Soto

                        FEBRUARY 21, 2003

   An act to amend Sections 597b, 597c, 597i, and 597j of the Penal
Code, relating to animals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 732, as introduced, Soto.  Cockfighting.
   Existing law makes it a misdemeanor to aid, abet, or be present at
a cockfight; to own, possess, keep, or train any cock with intent
that it be used for fighting; or to manufacture, buy, sell, or
possess cock fighting implements.
   This bill would instead provide that these offenses are punishable
by imprisonment in a county jail for a period not to exceed one year
or imprisonment in the state prison for 16 months, 2 or 3 years, or
by a fine not to exceed $20,000, or by both imprisonment and fine.
This bill would also specify that a person with 2 or more convictions
of specified animal fighting provisions shall be punishable by
imprisonment in the state prison for 16 months, 2 or 3 years and
ineligible for probation, or a conditional or suspended sentence.
The bill would make legislative findings and declarations and a
statement of legislative intent with respect to the need for this
measure.  Because this bill would change the definition of various
crimes, 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.  (a) The Legislature find and declares the following:
   (1) Cockfighting has been identified as a probable source of
Exotic Newcastle Disease (END) which has devastated the California
poultry industry.
   (2) According to research compiled by a report from the Senate
Committee on Agriculture and Water Resources the END virus likely
entered California through game fowl smuggled in from Mexico and
Central America.
   (3) Game fowl are predominantly used for "cockfighting;" game bird
owners and producers bring their birds together from all parts of
southern California for these events.
   (4) Cockfighting events expose birds to the END virus; at these
events some diseased birds are bought, sold, and then returned to a
home facility, resulting in an extremely rapid spread of the disease.

   (b) It is the intent of the Legislature in enacting this act to
toughen the laws prohibiting cockfighting in order to reduce the
spread of END and thereby better protect the public health and
California agriculture.
  SEC. 2.  Section 597b of the Penal Code is amended to read:
   597b.   Any   (a) Except as provided in
subdivision (b), any  person who, for amusement or gain, causes
any bull, bear,  cock,  or other animal, not
including any dog, to fight with like kind of animal or creature, or
causes any  such  animal, including any dog, to
fight with a different kind of animal or creature, or with any human
being; or who, for amusement or gain, worries or injures any 
such  bull, bear,  cock,  dog or other
animal, or causes any  such  bull, bear, 
cock,  or other animal, not including any dog, to worry or
injure each other; and any person who permits the same to be done on
any premises under his  or her  charge or control; and any
person who aids, abets, or is present at  such  
the fighting or worrying of  such   an
 animal or creature, as a spectator, is guilty of a misdemeanor.
  
   (b) (1) Notwithstanding subdivision (a), any person who, for
amusement or gain, causes any cock to fight with another cock or with
a different kind of animal or creature or with any human being; or
who, for amusement or gain, worries or injures any cock, or causes
any cock to worry or injure another animal; and any person who
permits the same to be done on any premises under his or her charge
or control, and any person who aids or abets the fighting or worrying
of any cock is guilty of a crime punishable by imprisonment in a
county jail for a period not to exceed one year or imprisonment in
the state prison for 16 months, two or three years, a fine not to
exceed twenty thousand dollars ($20,000), or by both imprisonment and
fine.
   (2) Any person who has previously been convicted on two separate
occasions of violating Section 597b, 597c, or 597j and served a term
of imprisonment, received a conditional sentence, or received
probation for at least one of those violations shall be punishable by
imprisonment in the state prison for 16 months, two or three years
and shall be ineligible to receive probation or a conditional or
suspended sentence. 
  SEC. 3.  Section 597c of the Penal Code is amended to read:
   597c.   Whoever   (a) Except as provided in
subdivision (b), whoever  owns, possesses, keeps, or trains any
 bird or  animal, with the intent that  such
bird or   the  animal shall be engaged in an
exhibition of fighting, or is present at any place, building, or
tenement, where preparations are being made for an exhibition of the
fighting of  birds or  animals, with the intent to
be present at  such   that  exhibition, or
is present at  such   that  exhibition, is
guilty of a misdemeanor.   This  
   (b) (1) Notwithstanding subdivision (a), whoever owns, possesses,
keeps, or trains any cock or other bird, with the intent that the
cock or other bird shall be engaged in an exhibition of fighting is
guilty of a crime punishable by imprisonment in a county jail for a
period not to exceed one year or imprisonment in the state prison for
16 months, two or three years, a fine not to exceed twenty thousand
dollars ($20,000), or by both imprisonment and fine.
   (2) Any person who has previously been convicted on two separate
occasions of violating Section 597b, 597c, or 597j and served a term
of imprisonment, received a conditional sentence, or received
probation for at least one of those convictions shall be punishable
by imprisonment in the state prison for 16 months, two or three years
and shall be eligible to receive probation or a conditional or
suspended sentence.
   (c) This  section shall not apply to an exhibition of
fighting of a dog with another dog.
  SEC. 4.  Section 597i of the Penal Code is amended to read:
   597i.   (a)  It shall be unlawful for anyone to
manufacture, buy, sell, barter, exchange, or have in his  or her
 possession any of the implements commonly known as gaffs or
slashers, or any other sharp implement designed to be attached in
place of the natural spur of a gamecock or other fighting bird.

   Anyone violating  
   (b) Any person who violates  any of the provisions of this
section  shall be   is  guilty of a
 misdemeanor   crime punishable by imprisonment
in a county jail for a period not to exceed one year or imprisonment
in the state prison for 16 months, two or three years, a fine not to
exceed twenty thousand dollars ($20,000), or by both imprisonment and
fine  and upon conviction thereof shall, in addition to any
judgment or sentence imposed by the court, forfeit possession or
ownership of  such   those implements.
  SEC. 5.  Section 597j of the Penal Code is amended to read:
   597j.   (a)  Any person who owns, possesses  or
keeps any cock with the intent that such cock shall be used or
engaged by himself or by his vendee or by any other person in any
exhibition of fighting is guilty of a misdemeanor   ,
keeps, or trains any bird or animal with the intent that it be used
or engaged by himself or herself, by his or her vendee, or by any
other person in an exhibition of fighting is guilty of a crime
punishable by imprisonment in a county jail for a period not to
exceed one year or imprisonment in the state prison for 16 months,
two or three years, or a fine not to exceed twenty thousand dollars
($20,000), or by both imprisonment and fine.
   (b) This section shall not apply to an exhibition of fighting of a
dog with another dog.
   (c) Any person who has previously been convicted in two separate
occasions of violating Section 597b, 597c, or 597j and served a term
of imprisonment, received a conditional sentence, or received
probation for at least one of those convictions shall be punishable
by imprisonment in the state prison for 16 months, two or three years
and shall be ineligible to receive probation or a conditional or
suspended sentence  .
  SEC. 6.  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.