Compiled January, 2013
Our review of the annotated history reveals the following legislative history (every “c.” below represents a separate legislative bill):
Prior History: Former uncodified § 6, added by 1873-74, c. 340; amended 1901, c. 123
Current:
Added: 1872 Penal Code codification
Amended:
• 1905, c. 519: in rewriting this statute, the legislature consolidated § 597 with former uncodified § 6;
• 1909, c. 661: made it an offense to drive, ride, or otherwise use an animal when unfit for labor. Previously the offense was to “cruelly” drive, ride, etc.
• 1972, c. 779: substituted a new subdivision (a) for the words “Every person who maliciously kills, maims or wounds an animal, the property of another, or”; designated the rest of the section as subdivision (b); and added the exception clause at the beginning of subdivision (b).
• 1976, c. 1139: deleted “for not more than five years” following “in the state prison” in subdivision (a), and in subdivision (b) substituted “owned” for “owner.”
• 1979, c. 373: substituted in subdivision (b) “owner” for “owned”.
• 1984, c. 1215: rewrote this section.
• 1986, c. 846: substituted “and intentionally maims, mutilates, tortures, or wounds” for “maims, wounds, tortures or mutilates”, inserted “and intentionally” following “another, or maliciously”, and inserted “or” following “not more than one year” in subdivision (a); substituted “mutilates, or tortures” for “tortures, or mutilates” following “and intentionally maims” in subdivision (c); substituted “subdivision (e)” for “subdivision (d)” in subdivision (c)(1); substituted “malicious and intentional maiming, mutilating, or torturing” for “maliciously and intentionally maiming, torturing, or mutilating” in the first sentence of subdivision (e); and added subdivision (f).
1987, c. 56: amendment included cruelty by the owner of the animal within the scope of the section; made nonsubstantive changes; and, in subdivision (c), relating to malicious and intentional acts, deleted “if any of the following facts are proven” and subsections (1) through (4) thereafter at the end of the subdivision.
• 1987, c. 814: : amendment included cruelty by the owner of the animal within the scope of the section; made nonsubstantive changes; and, in subdivision (c), relating to malicious and intentional acts, deleted “if any of the following facts are proven” and subsections (1) through (4) thereafter at the end of the subdivision.
• 1988, c. 127: in subdivisions (a) and (c) increased the maximum county jail alternative fine from $2,000 to $20,000 in subdivision (a), inserted “of this section or Section 599c” after “subdivision (c)”, deleted “which is the property of the person or which is the property of another” after “animal” in two places; in subdivision (b) added provisions making the crime punishable alternatively as a misdemeanor or felony and by a fine of not more than $2,000; and made a nonsubstantive punctuation change in subdivision (e).
• 1988, c. 1522: Amendment of this section by §§ 2, 3, and 4 of Stats.1988, c. 1522, failed to become operative under the provisions of § 5 of that Act.
• 1988, c. 1527: Amendment of this section by §§ 2, 3, and 4 of Stats.1988, c. 1527 failed to become operative under the provisions of § 5 of that Act.
• 1988, c. 1556: Under the provisions of § 5 of Stats.1988, c. 1556, the 1988 amendments of this section by c. 1522, c. 1527 and c. 1556 were given effect and incorporated in the form set forth in § 4 of c. 1556.
• 1998, c. 450: in subdivision (f), designated the existing text as pars. (1) and (2); added subdivision (g), relating to counseling; and made other nonsubstantive changes.
• 2011, c. 15: in subdivision (a), substituted “pursuant to subdivision (h) of Section 1170” for “in the state prison” and deleted “, alternatively,” following “or by both the find and imprisonment,”; in subdivision (b), substituted “by imprisonment pursuant to subdivision (h) of Section 1170, or by that imprisonment” for “as a felony or alternatively punishable as a misdemeanor or a felony”; in subdivision (c), substituted “pursuant to subdivision (h) of Section 1170” for “in the state prison” and deleted “, alternatively” following “or by both the fine and imprisonment,”; in subdivision (g), in the sixth sentence, substituted “pursuant to subdivision (h) of Section 1170” for “in the state prison”; and made nonsubstantive changes throughout the section.
• 2011, c. 131: rewrote this section.
19 bills affected this section.
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