California Legislature—2013–14 Regular Session

Assembly BillNo. 2075


Introduced by Assembly Member Alejo

February 20, 2014


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

LEGISLATIVE COUNSEL’S DIGEST

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

Existing law makes it a misdemeanor 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 specified animals, including polar bears, leopards, ocelots, and alligator or crocodilian species listed as endangered under the federal Endangered Species Act.

This bill would make technical, nonsubstantive changes to these provision.

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

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

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SECTION 1.  

Section 653o of the Penal Code, as amended by
2Section 2 of Chapter 412 of the Statutes of 2010, is amended to
3read:

4

653o.  

(a) It is unlawful to import into this state for commercial
5purposes, to possess with intent to sell, or to sell within the state,
6the dead body, or any part or product thereof, ofbegin delete anyend deletebegin insert aend insert polar bear,
7leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis
8lupus), zebra, whale, cobra, python, sea turtle, colobus monkey,
P2    1kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or
2porpoise (Delphinidae), Spanish lynx, or elephant.

3(b) (1) Commencing January 1, 2015, it shall be unlawful to
4import into this state for commercial purposes, to possess with
5intent to sell, or to sell within the state, the dead body, or any part
6or product thereof, ofbegin delete anyend deletebegin insert aend insert crocodile or alligator.

7(2) This subdivision shall not be construed to authorize the
8importation or sale of any alligator or crocodilian species, or any
9products thereof, that are listed as endangered under the federal
10Endangered Species Act, or to allow the importation or sale of any
11alligator or crocodilian species, or any products thereof, in violation
12of any federal law orbegin delete anyend delete international treaty to which the United
13States is a party.

14(c) begin deleteAny end deletebegin insertA end insertperson who violatesbegin delete any provision ofend delete this section is
15guilty of a misdemeanor and shall be subject to a fine of not less
16than one thousand dollars ($1,000) and not to exceed five thousand
17dollars ($5,000) or imprisonment in the county jail not to exceed
18six months, or both that fine and imprisonment, for each violation.

19(d) The prohibitions against importation for commercial
20purposes, possession with intent to sell, and sale of the species
21listed in this section are severable. A finding of the invalidity of
22any one or more prohibitions shall not affect the validity of any
23remaining prohibitions.

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



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