Bill Text: NY A11318 | 2017-2018 | General Assembly | Amended


Bill Title: Prohibits the process, sale, offer for sale, purchase, trade, barter, distribution or possession of any part or product of the skin or body of a Giraffe.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2018-10-19 - print number 11318a [A11318 Detail]

Download: New_York-2017-A11318-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                        11318--A
                   IN ASSEMBLY
                                   September 19, 2018
                                       ___________
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright,
          D'Urso)  --  read  once and referred to the Committee on Environmental
          Conservation -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          prohibiting the sale and possession  of  any  part  or  product  of  a
          Giraffe
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Title 5 of article 11 of the environmental conservation law
     2  is amended by adding a new section 11-0535-b to read as follows:
     3  § 11-0535-b. Giraffes; prohibited acts.
     4    1. Notwithstanding any other provision of law,  no  individual,  firm,
     5  corporation,  association  or partnership shall process, sell, offer for
     6  sale, purchase, trade, barter, distribute or possess any part or product
     7  of the skin or body of a Giraffe (Giraffa camelopardalis).
     8    2. Unless such activity is prohibited by federal  law,  the  following
     9  exceptions  and defenses apply to the prohibitions of subdivision one of
    10  this section:
    11    a. the part or product was possessed within  the  state  of  New  York
    12  prior  to  the effective date of this section, provided however the part
    13  or product may  not  thereafter  be  sold,  offered  for  sale,  traded,
    14  bartered or distributed to any private party;
    15    b.  the part or product is to be made part of a temporary or permanent
    16  collection of a museum chartered by the board of regents pursuant to the
    17  education law or to a museum authorized by a special  charter  from  the
    18  legislature  of  this  state, or for scientific research by a recognized
    19  institution, provided that the part or product is not  thereafter  sold,
    20  offered for sale, traded, bartered or distributed to any private party;
    21    c. the part or product is to be used for law enforcement activities;
    22    d.  the part or product is distributed directly to a legal beneficiary
    23  of a trust or to a legal heir provided the part or product  was  located
    24  or  possessed  by  the  decedent  prior  to  the  effective date of this
    25  section; provided further that after transfer to the beneficiary or heir
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16508-04-8

        A. 11318--A                         2
     1  that the part or product is not thereafter sold, offered for sale, trad-
     2  ed, bartered or distributed to any private party; or
     3    e. any other activity concerning the part or product that is expressly
     4  authorized by federal law.
     5    3.  Any officer or agent authorized by the commissioner, or any police
     6  officer of the state of New York, or any police officer of  any  munici-
     7  pality within the state of New York, shall have authority to execute any
     8  warrant  to  search  for and seize any parts or products in violation of
     9  this section, as defined in subdivision one  of  this  section,  or  any
    10  property  or  item  used in connection with a violation of this section;
    11  such parts or products shall be held pending proceedings in any court of
    12  proper jurisdiction. Upon conviction, or upon the entry  of  a  judgment
    13  restraining  the process, sale, offer for sale, purchase, trade, barter,
    14  distribution or possession of any such part or  product  on  the  ground
    15  that such parts or products are in violation of this section, such parts
    16  or products shall be forfeited and, upon forfeiture, either offered to a
    17  recognized  institution  for  scientific  or  educational  purposes,  or
    18  destroyed.
    19    § 2. Paragraph f of subdivision 1 of section 71-0919 of  the  environ-
    20  mental  conservation law, as amended by chapter 640 of the laws of 1977,
    21  is amended and a new paragraph g is added to read as follows:
    22    f. In the cases provided in section 71-0909 of this title,  is  liable
    23  to  forfeiture and confiscation of property involved in such violations,
    24  as provided in that section[.]; and
    25    g. In the cases provided in section 11-0535-b of this chapter:
    26    (i) Any part or product shall be held pending criminal proceedings  in
    27  any court of proper jurisdiction.
    28    (ii) A defendant convicted of such section shall be sentenced pursuant
    29  to  paragraph  (b) of subdivision one of section 55.10 of the penal law;
    30  provided, however, that any term of imprisonment imposed  for  violation
    31  of  such  section  shall  be definite sentence, which may not exceed two
    32  years.
    33    (iii) Upon conviction, or upon the entry of a judgment  restraining  a
    34  defendant from possessing, selling, or offering for sale a part or prod-
    35  uct  of  a  Giraffe  (Giraffa  camelopardalis)  on the grounds that such
    36  activity is or would be in violation of section 11-0535-b of this  chap-
    37  ter,  any  seized  property under this paragraph shall be forfeited and,
    38  upon forfeiture, destroyed.
    39    § 3. This act shall take effect on the one hundred eightieth day after
    40  it shall have become a law. Effective immediately, the addition,  amend-
    41  ment and/or repeal of any rule or regulation necessary for the implemen-
    42  tation  of  this act on its effective date are authorized to be made and
    43  completed on or before such effective date.
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