BILL NUMBER: SB 609	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 4, 2009

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 amended, Hollingsworth. Importation of crocodile and
alligator parts.
   Existing law  , that becomes operative on January 1, 2010,
 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.   instead
provide that this provision become operative on January 1, 2015. The
bill would specify that it shall not be construed to authorize the
importation or sale of any alligator or crocodilian species, or any
products thereof, that is   listed as endangered or that
would be in violation of any federal low or international treaty, 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, 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) (1) Commencing January 1, 2015, 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.  
   (2) This subdivision 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.  
   (b) 
    (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 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. 
   (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 not to
exceed six months, or both 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. 
   (e) 
    (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 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) (1) Commencing January 1, 2015, 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.  
   (2) This subdivision 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.  
   (b) 
    (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. 
   (c) 
    (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. 
   (d) 
    (e)  This section shall become operative on January 1,
2011.