S T A T E   O F   N E W   Y O R K
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                                  7362

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  possession,  transportation  and  sale of endangered
  chimpanzees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new section 11-0538 to read as follows:
S 11-0538. POSSESSION OF ENDANGERED CHIMPANZEES; PROHIBITED.
  1.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF   THIS   CHAPTER,   THE
POSSESSION,  IMPORTATION,  TRANSPORTATION,  SALE OR TAKING OF THE FLESH,
BONES, SKELETON, SKULL, BLOOD, ORGAN, OTHER BODY PARTS OR CARCASS OF ANY
ENDANGERED CHIMPANZEE.
  2. ANY OFFICER OR AGENT AUTHORIZED BY THE COMMISSIONER OR  ANY  POLICE
OFFICER,  AS  DEFINED  IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE
CRIMINAL PROCEDURE LAW, SHALL HAVE THE AUTHORITY TO EXECUTE ANY  WARRANT
TO  SEARCH  FOR  OR  SEIZE  ANY  FLESH, BONES, SKELETONS, SKULLS, BLOOD,
ORGANS, OTHER BODY PARTS OR CARCASSES POSSESSED, IMPORTED,  TRANSPORTED,
SOLD  OR  TAKEN  IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION, OR ANY
PROPERTY OR ITEM USED IN CONNECTION WITH A VIOLATION  OF  SUCH  SUBDIVI-
SION;  AND  SUCH  FLESH,  BONES, SKELETONS, SKULLS, BLOOD, ORGANS, OTHER
BODY PARTS AND CARCASSES SHALL BE HELD PENDING PROCEEDINGS IN ANY  COURT
OF  PROPER  JURISDICTION.  UPON  CONVICTION, OR UPON ENTRY OF A JUDGMENT
RESTRAINING ANY VIOLATION OF  SUBDIVISION  ONE  OF  THIS  SECTION,  SUCH
SEIZED  FLESH, BONES, SKELETONS, SKULLS, BLOOD, ORGANS, OTHER BODY PARTS
OR  CARCASSES  SHALL  BE  FORFEITED  AND,  UPON  FORFEITURE,  SHALL   BE
DESTROYED.
  3.  THE  DEPARTMENT SHALL HAVE THE AUTHORITY TO SEEK INJUNCTIVE RELIEF
IN ANY COURT OF PROPER JURISDICTION TO  ENJOIN  CONTINUED  VIOLATION  OF
SUBDIVISION ONE OF THIS SECTION.
  4. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15673-01-2

              

S. 7362                             2

  A.  TO ANY PERSON HOLDING A VALID PERMIT ISSUED PURSUANT TO THE UNITED
STATES ENDANGERED SPECIES ACT OR THE CONVENTION ON  INTERNATIONAL  TRADE
IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA; OR
  B.  TO ANY PERSON CERTIFIED BY THE COMMISSIONER AS BEING IN POSSESSION
FOR ZOOLOGICAL, EDUCATIONAL OR SCIENTIFIC PURPOSES, AND IS NOT OTHERWISE
PROHIBITED BY ANY STATE OR FEDERAL LAW, RULE OR REGULATION.
  S 2. Section 71-0925 of the environmental conservation law is  amended
by adding a new subdivision 15 to read as follows:
  15.  IF  THE  VIOLATION  WAS  AN  ACT PROHIBITED BY SUBDIVISION ONE OF
SECTION 11-0538 OF THIS CHAPTER, OR BY ANY LAWFUL RULE OR REGULATION  OF
THE DEPARTMENT PROMULGATED PURSUANT THERETO, A CIVIL PENALTY OF NOT MORE
THAN  FIVE HUNDRED DOLLARS FOR THE FIRST CONVICTION THEREOF; AND A CIVIL
PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR A SECOND OR SUBSEQUENT
CONVICTION. EACH INSTANCE  OF  VIOLATION  SHALL  CONSTITUTE  A  SEPARATE
OFFENSE.
  S 3. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 4. This act shall take effect immediately.