BILL NUMBER: SB 609	INTRODUCED
	BILL TEXT


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, as introduced, Hollingsworth. Importation of crocodile and
alligator parts.
   Existing law 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 delete the above crime, thereby making it legal to
engage in those acts relating to the importation into California of
crocodile and alligator parts.
   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, 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) 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) 
    (b)  (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) 
    (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 fine and imprisonment, for each violation.

   (e) 
    (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. 
   (f) 
    (e)  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) 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) 
    (b)  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) 
    (c)  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) 
    (d) This section shall become operative on January 1,
2011.