BILL NUMBER: SB 880	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Calderon

                        FEBRUARY 23, 2007

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 880, as introduced, Calderon. Crime.
   Existing law provides that it is a crime to import for commercial
purposes, possess with intent to sell, or sell any part or product of
the dead body of a kangaroo punishable by a fine between $1,000 and
$5,000, imprisonment in the county jail not to exceed 6 months, or
both fine and imprisonment, for each violation.
   This bill would define "kangaroo" for the purposes of these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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) For purposes of this section, "kangaroo" means those species
of kangaroo that are included under either of the following: 

   (1) The federal Endangered Species Act of 1973 (16 U.S.C. Sec.
1531 et seq.).  
   (2) The Convention on International Trade in Endangered Species of
Wild Fauna and Flora, signed on March 3, 1973, 27 U.S.T. 1087 and
its appendices.  
   (c) 
    (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 
for  not to exceed six months, or both  such
 fine and imprisonment, for each violation. 
   (d) 
    (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.