Bill Text: CA SB1345 | 2009-2010 | Regular Session | Introduced

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

---

Bill Title: Prohibited importation of dead animal parts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-28 - Chaptered by Secretary of State. Chapter 412, Statutes of 2010. [SB1345 Detail]

Download: California-2009-SB1345-Introduced.html

---

BILL NUMBER: SB 1345	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Calderon

                        FEBRUARY 19, 2010

   An act to amend and repeal Section 653o of the Penal Code,
relating to prohibited importation of dead animal parts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1345, as introduced, Calderon. Prohibited importation of dead
animal parts.
   Existing law, subject to exceptions, makes it an offense 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 specified animals. Existing law provides an
exception to these provisions for kangaroos that may be harvested
lawfully under Australian national and state law, the federal
Endangered Species Act, and applicable international conventions, as
specified, with the operation of the exception being contingent upon
the Department of Fish and Game being annually informed by the
Australian government of specified information pertaining to the
commercial harvesting of kangaroos in Australia, as specified.
Existing law provides that all of these provisions will be repealed
on January 1, 2011.
   This bill would remove the contingency from the provisions
establishing the exception to the prohibitory provisions of the
statute. The bill would also extend the operation of these provisions
indefinitely.
   By extending indefinitely the operation of this offense, this bill
would impose a state-mandated local program.
   Existing law, to be operative January 1, 2011, and subject to
exceptions, makes it an offense 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
specified animals, including kangaroos.
   This bill would repeal those provisions.
   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.  Section 653o of the Penal Code, as amended by Section 1
of Chapter 15 of the Statutes of 2009, 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 any 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, 2015, 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 any 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 any 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 by the Australian government that the commercial
harvest of kangaroos in any future year will not exceed the official
quota established for 2007 or the lawful take of kangaroos in each
subsequent year, whichever is the lesser  . 
   (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) Any person who violates any provision of 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 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,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date. 
  SEC. 2.  Section 653o of the Penal Code, as amended by Section 2 of
Chapter 15 of the Statutes of 2009, is repealed. 
   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 any 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, 2015, 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 any 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 any international treaty to which the
United States is a party.
   (c) Any person who violates any provision of 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 the 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, 2011.

  SEC. 3.  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.