California 2009-2010 Regular Session Status: To Executive

AB 2012 — Cruelty to animals.

Last action — Vetoed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides, subject to exceptions, that every person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor, is guilty of a crime punishable as a misdemeanor or as a felony, or alternatively as a misdemeanor or a felony and a fine of not more than $20,000. This bill would revise the punishment for this offense to provide that it is punishable by imprisonment in a county jail for not more than one year, or in the state prison, or by a fine of not more than $20,000, or by both that fine and imprisonment. The bill would make other technical, nonsubstantive changes. By revising the penalty for an existing 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.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 3 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 63. Noes 12. Page 6290.)

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 17 pursuant to Assembly Rule 77.

  5. Read third time, passed, and to Assembly. (Ayes 28. Noes 6. Page 4486.)

  6. Read second time. To third reading.

  7. Read third time, amended. To second reading.

  8. Read second time. To third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  10. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 1.) (June 22).

  11. Referred to Com. on PUB. S.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time, passed, and to Senate. (Ayes 60. Noes 10. Page 5285.)

  14. Read second time. To third reading.

  15. From committee: Do pass. (Ayes 11. Noes 4.) (May 19).

  16. In committee: Hearing postponed by committee.

  17. Re-referred to Com. on APPR.

  18. Read second time and amended.

  19. From committee: Amend, and do pass as amended, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 20).

  20. In committee: Set, first hearing. Hearing canceled at the request of author.

  21. Referred to Com. on PUB. S.

  22. From printer. May be heard in committee March 20.

  23. Read first time. To print.

Sponsors

  • Lieu · Primary
  • Smyth · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 2 voted No

Sponsors (1)

  • Lieu

Co-sponsors (1)

  • Smyth

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2012 LIEU Concurrence in Senate Amendments

Passed 73 Yea · 13 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 681304
Democratic 2001
Republican 3000
Total 731305
% of votes cast 80%14%0%5%
How each member voted (91)
Member Party Vote
Leon — Yea
Carter — Yea
Chesbro — Yea
Coto — Yea
Davis — Yea
Tom — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Bass — Yea
Beall — Yea
Block — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Nay
Feuer — Yea
Charles — Not Voting
Fuller — Nay
Conway — Nay
Cook — Not Voting
Furutani — Yea
Garrick — Nay
Gilmore — Yea
Hagman — Yea
Anderson — Nay
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Knight — Not Voting
Lieu — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Norby — Nay
Ruskin — Yea
Silva — Nay
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Ma — Yea
Miller — Nay
Nestande — Yea
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Eng — Yea
Evans — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB2012 Lieu By Leno

Passed 29 Yea · 6 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 27603
Republican 1000
Democratic 1001
Total 29604
% of votes cast 74%15%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Florez — Yea
Cedillo — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Wyland — Yea
Runner — Nay
Harman — Not Voting
Hollingsworth — Nay
Wiggins — Not Voting
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Huff — Nay
Kehoe — Yea
Oropeza — Not Voting
Romero — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Cogdill — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 2012 LIEU Assembly Third Reading

Passed 71 Yea · 11 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 651109
Democratic 3000
Republican 3000
Total 711109
% of votes cast 78%12%0%10%
How each member voted (91)
Member Party Vote
Hall — Not Voting
Carter — Yea
Chesbro — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Cook — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
DeVore — Nay
Bill — Nay
Eng — Yea
Feuer — Yea
Saldana — Not Voting
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Bass — Not Voting
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Not Voting
Logue — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Yea
Norby — Nay
Ruskin — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Not Voting
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Not Voting
Huffman — Yea
Lieu — Yea
Ma — Yea
Nava — Not Voting
Nielsen — Nay
Silva — Nay
Solorio — Yea
Torres — Yea
Villines — Not Voting
Conway — Nay
Emmerson — Yea
Coto — Yea
Evans — Not Voting
Davis — Yea
Fuller — Yea
Garrick — Nay
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 11 Yea · 4 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 11403
Democratic 0001
Total 11404
% of votes cast 58%21%0%21%
How each member voted (19)
Member Party Vote
Conway — Nay
Fuentes — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Norby — Nay
Skinner — Yea
Solorio — Yea
Torrico — Yea
Charles — Not Voting
De — Not Voting
Leon — Not Voting
Bradford — Yea
Miller — Nay
Nielsen — Nay
Torlakson — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does AB 2012 do?
Existing law provides, subject to exceptions, that every person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor, is guilty of a crime punishable as a misdemeanor or as a felony, or alternatively as a misdemeanor or a felony and a fine of not more than $20,000. This bill would revise the punishment for this offense to provide that it is punishable by imprisonment in a county jail for not more than one year, or in the state prison, or by a fine of not more than $20,000, or by both that fine and imprisonment. The bill would make other technical, nonsubstantive changes. By revising the penalty for an existing 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.
Who sponsors AB 2012?
AB 2012 is sponsored by Lieu and Smyth.
What is the current status of AB 2012?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2012?
Track AB 2012 free on One Click Politics — get push/email alerts when it moves.

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