Amended in Senate July 3, 2014

Amended in Senate June 12, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2075


Introduced by Assembly Member Alejo

(Coauthor: Assembly Member Garcia)

February 20, 2014


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

LEGISLATIVE COUNSEL’S DIGEST

AB 2075, as amended, Alejo. Crimes: importation or sale of endangered animals.

Existing law makes it a misdemeanor, after January 1, 2015, to import into the 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 an alligator or crocodilian species.

This bill would delay the effective date of this provision until January 1, 2020.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 653o of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
2Section 1 of Chapter 412 of the Statutes of 2010, is amended to
3read:end insert

P2    1

653o.  

(a) It is unlawful to import into this state for commercial
2purposes, to possess with intent to sell, or to sell within the state,
3the dead body, or any part or product thereof, ofbegin delete anyend deletebegin insert aend insert polar bear,
4leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis
5lupus), zebra, whale, cobra, python, sea turtle, colobus monkey,
6kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or
7porpoise (Delphinidae), Spanish lynx, or elephant.

8(b) (1) Commencing January 1,begin delete 2015,end deletebegin insert 2020,end insert it shall be unlawful
9to import into this state for commercial purposes, to possess with
10intent to sell, or to sell within the state, the dead body, or any part
11or product thereof, ofbegin delete anyend deletebegin insert aend insert crocodile or alligator.

12(2) This subdivision shall not be construed to authorize the
13importation or sale of any alligator or crocodilian species, or any
14products thereof, that are listed as endangered under the federal
15Endangered Species Act, or to allow the importation or sale of any
16alligator or crocodilian species, or any products thereof, in violation
17of any federal law orbegin delete anyend delete international treaty to which the United
18States is a party.

19(c) (1) This section shall not apply to kangaroos that may be
20harvested lawfully under Australian national and state law, the
21federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et
22seq.), and applicable international conventions, provided that the
23Department of Fish and Game is annually informed in writing, by
24May 1, by the Australian government that the commercial harvest
25of kangaroos in any future year will not exceed the official quota
26for that year, consistent with Australian national and state law, and
27of the sustainability principles on which that quota is based.

28(2) If the department fails to receive the report described in
29paragraph (1), the department shall inform the Australian national
30government that future importation of kangaroos that otherwise
31may be harvested lawfully under Australian national and state law,
32the federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531
33et seq.), and applicable international conventions shall be halted
34and their importation into this state for commercial purposes,
35possession with intent to sell, or sale within the state will be subject
36to the provisions of this section.

37(d) begin deleteAny end deletebegin insertA end insertperson who violates begin delete any provision ofend delete this section is
38guilty of a misdemeanor and shall be subject to a fine of not less
39than one thousand dollars ($1,000) and not to exceed five thousand
P3    1dollars ($5,000) or imprisonment in the county jail not to exceed
2six months, or both that fine and imprisonment, for each violation.

3(e) The prohibitions against importation for commercial
4purposes, possession with intent to sell, and sale of the species
5listed in this section are severable. A finding of the invalidity of
6any one or more prohibitions shall not affect the validity of any
7remaining prohibitions.

8(f) This section shall remain in effect only until January 1, 2016,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2016, deletes or extends that date.

11

begin deleteSECTION 1.end delete
12begin insertSEC. 2.end insert  

Section 653o of the Penal Code, as amended by Section
132 of Chapter 412 of the Statutes of 2010, is amended to read:

14

653o.  

(a) It is unlawful to import into this state for commercial
15purposes, to possess with intent to sell, or to sell within the state,
16the dead body, or any part or product thereof, of a polar bear,
17leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis
18lupus), zebra, whale, cobra, python, sea turtle, colobus monkey,
19kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or
20porpoise (Delphinidae), Spanish lynx, or elephant.

21(b) (1) Commencing January 1, 2020, it shall be unlawful to
22import into this state for commercial purposes, to possess with
23intent to sell, or to sell within the state, the dead body, or any part
24or product thereof, of a crocodile or alligator.

25(2) This subdivision shall not be construed to authorize the
26importation or sale of any alligator or crocodilian species, or any
27products thereof, that are listed as endangered under the federal
28Endangered Species Act, or to allow the importation or sale of any
29alligator or crocodilian species, or any products thereof, in violation
30of any federal law or international treaty to which the United States
31is a party.

32(c) A person who violates this section is guilty of a misdemeanor
33and shall be subject to a fine of not less than one thousand dollars
34($1,000) and not to exceed five thousand dollars ($5,000) or
35imprisonment in the county jail not to exceed six months, or both
36that fine and imprisonment, for each violation.

37(d) The prohibitions against importation for commercial
38purposes, possession with intent to sell, and sale of the species
39listed in this section are severable. A finding of the invalidity of
P4    1any one or more prohibitions shall not affect the validity of any
2remaining prohibitions.

3(e) This section shall become operative on January 1, 2016.



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