BILL NUMBER: SB 1143 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 20, 1998
AMENDED IN SENATE JANUARY 5, 1998
AMENDED IN SENATE APRIL 21, 1997
INTRODUCED BY Senator Sher
FEBRUARY 28, 1997
An act to amend Section 12005 of , and to add Section
12005.1 to, the Fish and Game Code, relating to wildlife,
and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1143, as amended, Sher. Wildlife: bear parts.
(1) Existing
Existing law makes it unlawful to sell, purchase, or possess
for sale, the meat, skin, hide, teeth, claws, or other parts of any
bear in this state, except as provided. Under existing law, the
maximum punishment for a violation of this provision , except as
specified, is a fine of $5,000, or $10,000 if 3 or
more bear gall bladders are possessed, imprisonment in the
state prison or the county jail for not more than one year, or both
the fine and imprisonment.
This bill would impose an additional fine for a violation
of the above provision equal to 5 times the actual market price of
the meat, skin, hide, teeth, claws, or other bear parts that were
unlawfully sold, purchased, or possessed. Under the bill, the
Department of Fish and Game would be required to develop, maintain,
and make available to the state courts, an index entitled "Actual
Market Price Index for Bear Parts" that would list the actual market
price of bear parts, as specified of $250 for each
bear part, for each violation .
Because the bill would increase the penalty for an existing crime,
the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(3) Existing law continuously appropriates money in the Fish and
Game Preservation Fund to the department to pay all necessary
expenses incurred in carrying out and enforcing the Fish and Game
Code.
By imposing new duties on the department, the bill would make an
appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that
individuals engaged in hunting activities generally comply with the
statutes and regulations as set forth in the Fish and Game Code and
that these individuals have historically been supportive of laws
against the illegal trade of bear parts.
The Legislature further finds and declares that the illegal sale
of bear parts is a serious offense which warrants special
consideration by law enforcement and the judiciary. In order to
deter persons from engaging in the illegal trade of bear parts, the
Legislature finds that setting a minimum penalty is necessary. The
Legislature intends that any violation of Section 4758 of the Fish
and Game Code be diligently pursued and fully adjudicated.
SEC. 2. Section 12005 of the Fish and Game Code is amended
to read:
12005. (a) Notwithstanding Section 12000, and except as otherwise
provided in subdivision (c), the punishment for each violation of
Section 4758 shall include both of the following:
(1) A fine of five times the actual market price, as determined by
the department, of the meat, skin, hide, teeth, claws, or other bear
parts that were illegally sold, purchased, or possessed for sale.
(1) A fine of two hundred fifty dollars ($250) for each bear part,
for each violation for the knowing unlawful sale, purchase, or
possession for sale of the meat, skin, hide, teeth, claws, or other
parts of any bear.
(2) An additional fine of not more than five thousand dollars
($5,000), imprisonment in the state prison or the county jail for not
more than one year, or both the fine and imprisonment.
(b) If the conviction is for the possession of two bear gall
bladders and probation is granted, or if the execution or imposition
of sentence is suspended, it shall be a condition thereof that a
minimum term of 30 days shall be served in the county jail.
(c) (1) The possession of three or more bear gall bladders is
punishable by both of the following:
(A) The fine specified in paragraph (1) of subdivision (a).
(B) An additional fine of not more than ten thousand dollars
($10,000), imprisonment in the county jail for not more than one
year, or both that fine and imprisonment.
(2) If probation is granted, or the execution or imposition of
sentence is suspended, it shall be a condition thereof that a minimum
term of three months shall be served in the county jail.
(d) Consecutive sentences shall be imposed for separate violations
of this section.
SEC. 2. Section 12005.1 is added to the Fish and Game Code, to
read:
12005.1. The department shall develop, maintain, and make
available to the state courts, an index entitled "Actual Market Price
Index for Bear Parts." The index shall list the actual market price
for bear parts, including, but not limited to, the actual market
price for bear skin, hide, teeth, paws, claws, claw jewelry, and
fresh, dried, and powdered gall bladders. The department shall
update the index not less than every two years.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.