Today's Law As Amended


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AB-1561 Endangered wildlife: crocodiles and alligators.(2019-2020)



As Amends the Law Today


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 a any  part or product thereof, of a 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, 2020, 2021,  it is  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 a any  part or product thereof, of a crocodile or alligator.
(2) This subdivision does not  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 international treaty to which the United States is a party.
(c) Commencing January 1, 2022, 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 an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard.
(d) (c)  A person who violates 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 that 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.

SEC. 2.

 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 a any  part or product thereof, of a 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, 2020, 2021,  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 a any  part or product thereof, of a crocodile or alligator.
(2) This subdivision does not 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 federal law or international treaty to which the United States is a party.
(c) Commencing January 1, 2022, 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 an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard.
(d) A person who violates 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 that 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.
SEC. 3.
 Section 1.5 of this bill incorporates amendments to Section 653o of the Penal Code proposed by both this bill and Assembly Bill 1260. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 653o of the Penal Code, and (3) this bill is enacted after Assembly Bill 1260, in which case Section 1 of this bill shall not become operative.