BILL NUMBER: SB 1485	CHAPTERED  09/29/06

	CHAPTER  660
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2006
	PASSED THE SENATE  AUGUST 29, 2006
	PASSED THE ASSEMBLY  AUGUST 17, 2006
	AMENDED IN ASSEMBLY  AUGUST 14, 2006
	AMENDED IN SENATE  MAY 15, 2006
	AMENDED IN SENATE  MAY 3, 2006

INTRODUCED BY   Senator Hollingsworth

                        FEBRUARY 23, 2006

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1485, Hollingsworth  Protected animals.
   Existing law provides that it is a misdemeanor 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 of a list of specified animals, including alligators
and crocodiles.
   This bill would revise these provisions to provide that,
commencing January 1, 2010, it shall be unlawful to engage in these
acts with respect to alligators and crocodiles. The bill would state
the intent of the Legislature in this regard.


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


  SECTION 1.  Section 653o of the Penal Code 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) Commencing January 1, 2010, 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.
   (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 for not to exceed
six months, or both such 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.
  SEC. 2.  It is the intent of the Legislature that the amendments to
Section 653o of the Penal Code made by this act 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.