Bill Text: CA SB609 | 2009-2010 | Regular Session | Chaptered
Bill Title: Importation of crocodile and alligator parts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2009-07-02 - Chaptered by Secretary of State. Chapter 15, Statutes of 2009. [SB609 Detail]
Download: California-2009-SB609-Chaptered.html
BILL NUMBER: SB 609 CHAPTERED
BILL TEXT
CHAPTER 15
FILED WITH SECRETARY OF STATE JULY 2, 2009
APPROVED BY GOVERNOR JULY 2, 2009
PASSED THE SENATE MAY 14, 2009
PASSED THE ASSEMBLY JUNE 18, 2009
AMENDED IN SENATE MAY 4, 2009
INTRODUCED BY Senator Hollingsworth
FEBRUARY 27, 2009
An act to amend Section 653o of the Penal Code, relating to
crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 609, Hollingsworth. Importation of crocodile and alligator
parts.
Existing law, that becomes operative on January 1, 2010, makes it
a crime to import into California for commercial purposes, to possess
with intent to sell, or to sell any part or product of the dead body
of a crocodile or alligator.
This bill would instead provide that this provision become
operative on January 1, 2015. The bill would specify that it shall
not be construed to authorize the importation or sale of any
alligator or crocodilian species, or any products thereof, that is
listed as endangered or that would be in violation of any federal law
or international treaty, as specified.
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 576 of the Statutes of 2007, 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 added by Section 2 of
Chapter 576 of the Statutes of 2007, 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) 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.
