BILL NUMBER: SB 1143	ENROLLED
	BILL TEXT

	PASSED THE SENATE   MAY 7, 1998
	PASSED THE ASSEMBLY   MAY 4, 1998
	AMENDED IN ASSEMBLY   MARCH 30, 1998
	AMENDED IN SENATE   JANUARY 28, 1998
	AMENDED IN SENATE   JANUARY 22, 1998
	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 the Fish and Game Code, relating
to wildlife, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1143, Sher.  Wildlife:  bear parts.
   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, imprisonment in the state prison or the county
jail for not more than one year, or by both that fine and
imprisonment.
   This bill would impose an additional fine of $250 for each bear
part, as defined.
   By providing for the deposit of additional funds in the Fish and
Game Preservation Fund, a continuously appropriated fund, the bill
would make an appropriation.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares that the majority of
individuals engaged in hunting activities comply with the statutes
and regulations as set forth in the Fish and Game Code.  It is the
intent of the Legislature to enact legislation that will provide
sufficient penalties, commensurate with the severity of the
violation, for those individuals who are not representative of the
sporting hunting body, but who knowingly engage in the selling of
bear parts in the State of California.
   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 two hundred fifty dollars ($250) for each bear part.
  As used in this paragraph, "bear part" means an individual part or
group of like parts of any bear that the defendant knowingly and
unlawfully sells, purchases, or possesses for sale.  For the purposes
of this paragraph, claws, paws, or teeth from a single bear that are
knowingly purchased, sold, or possessed for sale with the intent
that they be delivered to a single end user shall be considered a
single part.
   (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. 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.