BILL NUMBER: SB 880	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 10, 2007
	AMENDED IN ASSEMBLY  JUNE 20, 2007
	AMENDED IN SENATE  MAY 16, 2007

INTRODUCED BY   Senator Calderon
   (Coauthors: Senators Cedillo, Cogdill, and Hollingsworth)

                        FEBRUARY 23, 2007

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 880, as amended, 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, until January 1, 2011, provide that these
provisions shall not apply to kangaroos that may be harvested
lawfully under Australian national and state law, the federal
Endangered Species Act of 1971, and applicable international
conventions, provided that the Department of Fish and Game is
annually informed of statistical information regarding the commercial
harvest of kangaroos, as specified.
   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) (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
and what the lawful take of kangaroos is in each subsequent year.
  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 is added to the Penal Code, 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 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.