Bill Text: CA AB2075 | 2013-2014 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Crimes: importation or sale of endangered animals.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-09-19 - Chaptered by Secretary of State - Chapter 464, Statutes of 2014. [AB2075 Detail]

Download: California-2013-AB2075-Enrolled.html

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BILL NUMBER: AB 2075	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 7, 2014
	PASSED THE ASSEMBLY  AUGUST 14, 2014
	AMENDED IN SENATE  JULY 3, 2014
	AMENDED IN SENATE  JUNE 12, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Alejo
   (Coauthor: Assembly Member Garcia)

                        FEBRUARY 20, 2014

   An act to amend Section 653o of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2075, Alejo. Crimes: importation or sale of endangered animals.

   Existing law makes it a misdemeanor, after January 1, 2015, to
import into the state for commercial purposes, to possess with intent
to sell, or to sell within the state, the dead body, or any part or
product thereof, of an alligator or crocodilian species.
   This bill would delay the effective date of this provision until
January 1, 2020.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 653o of the Penal Code, as amended by Section 1
of Chapter 412 of the Statutes of 2010, is amended to read:
   653o.  (a) It is unlawful to import into this state for commercial
purposes, to possess with intent to sell, or to sell within the
state, the dead body, or any part or product thereof, of a polar
bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf
(Canis lupus), zebra, whale, cobra, python, sea turtle, colobus
monkey, kangaroo, vicuna, sea otter, free-roaming feral horse,
dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.
   (b) (1) Commencing January 1, 2020, it shall be unlawful to import
into this state for commercial purposes, to possess with intent to
sell, or to sell within the state, the dead body, or any part or
product thereof, of a crocodile or alligator.
   (2) This subdivision shall not be construed to authorize the
importation or sale of any alligator or crocodilian species, or any
products thereof, that are listed as endangered under the federal
Endangered Species Act, or to allow the importation or sale of any
alligator or crocodilian species, or any products thereof, in
violation of any federal law or international treaty to which the
United States is a party.
   (c) (1) This section shall not apply to kangaroos that may be
harvested lawfully under Australian national and state law, the
federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.),
and applicable international conventions, provided that the
Department of Fish and Game is annually informed in writing, by May
1, by the Australian government that the commercial harvest of
kangaroos in any future year will not exceed the official quota for
that year, consistent with Australian national and state law, and of
the sustainability principles on which that quota is based.
   (2) If the department fails to receive the report described in
paragraph (1), the department shall inform the Australian national
government that future importation of kangaroos that otherwise may be
harvested lawfully under Australian national and state law, the
federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.),
and applicable international conventions shall be halted and their
importation into this state for commercial purposes, possession with
intent to sell, or sale within the state will be subject to the
provisions of this section.
   (d) A person who violates this section is guilty of a misdemeanor
and shall be subject to a fine of not less than one thousand dollars
($1,000) and not to exceed five thousand dollars ($5,000) or
imprisonment in the county jail not to exceed six months, or both
that fine and imprisonment, for each violation.
   (e) The prohibitions against importation for commercial purposes,
possession with intent to sell, and sale of the species listed in
this section are severable. A finding of the invalidity of any one or
more prohibitions shall not affect the validity of any remaining
prohibitions.
   (f) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
  SEC. 2.  Section 653o of the Penal Code, as amended by Section 2 of
Chapter 412 of the Statutes of 2010, is amended to read:
   653o.  (a) It is unlawful to import into this state for commercial
purposes, to possess with intent to sell, or to sell within the
state, the dead body, or any part or product thereof, of a polar
bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf
(Canis lupus), zebra, whale, cobra, python, sea turtle, colobus
monkey, kangaroo, vicuna, sea otter, free-roaming feral horse,
dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.
   (b) (1) Commencing January 1, 2020, it shall be unlawful to import
into this state for commercial purposes, to possess with intent to
sell, or to sell within the state, the dead body, or any part or
product thereof, of a crocodile or alligator.
   (2) This subdivision shall not be construed to authorize the
importation or sale of any alligator or crocodilian species, or any
products thereof, that are listed as endangered under the federal
Endangered Species Act, or to allow the importation or sale of any
alligator or crocodilian species, or any products thereof, in
violation of any federal law or international treaty to which the
United States is a party.
   (c) A person who violates this section is guilty of a misdemeanor
and shall be subject to a fine of not less than one thousand dollars
($1,000) and not to exceed five thousand dollars ($5,000) or
imprisonment in the county jail not to exceed six months, or both
that fine and imprisonment, for each violation.
   (d) The prohibitions against importation for commercial purposes,
possession with intent to sell, and sale of the species listed in
this section are severable. A finding of the invalidity of any one or
more prohibitions shall not affect the validity of any remaining
prohibitions.
   (e) This section shall become operative on January 1, 2016.