Senate Bill S711

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    711
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. BOYLE, SEPULVEDA -- 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 sale and possession  of  any  part  or  product  of  a
   Giraffe
 
   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 11-0535-b to read as follows:
 § 11-0535-B. GIRAFFES; PROHIBITED ACTS.
   1.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, NO INDIVIDUAL, FIRM,
 CORPORATION, ASSOCIATION OR PARTNERSHIP SHALL PROCESS, SELL,  OFFER  FOR
 SALE, PURCHASE, TRADE, BARTER, DISTRIBUTE OR POSSESS ANY PART OR PRODUCT
 OF THE SKIN OR BODY OF A GIRAFFE (GIRAFFA CAMELOPARDALIS).
   2.  UNLESS  SUCH  ACTIVITY IS PROHIBITED BY FEDERAL LAW, THE FOLLOWING
 EXCEPTIONS AND DEFENSES APPLY TO THE PROHIBITIONS OF SUBDIVISION ONE  OF
 THIS SECTION:
   A.  THE  PART  OR  PRODUCT  WAS POSSESSED WITHIN THE STATE OF NEW YORK
 PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, PROVIDED HOWEVER  THE  PART
 OR  PRODUCT  MAY  NOT  THEREAFTER  BE  SOLD,  OFFERED  FOR SALE, TRADED,
 BARTERED OR DISTRIBUTED TO ANY PRIVATE PARTY;
   B. THE PART OR PRODUCT IS TO BE MADE PART OF A TEMPORARY OR  PERMANENT
 COLLECTION OF A MUSEUM CHARTERED BY THE BOARD OF REGENTS PURSUANT TO THE
 EDUCATION  LAW  OR  TO A MUSEUM AUTHORIZED BY A SPECIAL CHARTER FROM THE
 LEGISLATURE OF THIS STATE, OR FOR SCIENTIFIC RESEARCH  BY  A  RECOGNIZED
 INSTITUTION,  PROVIDED  THAT THE PART OR PRODUCT IS NOT THEREAFTER SOLD,
 OFFERED FOR SALE, TRADED, BARTERED OR DISTRIBUTED TO ANY PRIVATE PARTY;
   C. THE PART OR PRODUCT IS TO BE USED FOR LAW ENFORCEMENT ACTIVITIES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04577-01-9

 S. 711                              2
 
   D. THE PART OR PRODUCT IS DISTRIBUTED DIRECTLY TO A LEGAL  BENEFICIARY
 OF  A  TRUST OR TO A LEGAL HEIR PROVIDED THE PART OR PRODUCT WAS LOCATED
 OR POSSESSED BY THE  DECEDENT  PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS
 SECTION; PROVIDED FURTHER THAT AFTER TRANSFER TO THE BENEFICIARY OR HEIR
 THAT THE PART OR PRODUCT IS NOT THEREAFTER SOLD, OFFERED FOR SALE, TRAD-
 ED, BARTERED OR DISTRIBUTED TO ANY PRIVATE PARTY; OR
   E. ANY OTHER ACTIVITY CONCERNING THE PART OR PRODUCT THAT IS EXPRESSLY
 AUTHORIZED BY FEDERAL LAW.
   3.  ANY OFFICER OR AGENT AUTHORIZED BY THE COMMISSIONER, OR ANY POLICE
 OFFICER OF THE STATE OF NEW YORK, OR ANY POLICE OFFICER OF  ANY  MUNICI-
 PALITY WITHIN THE STATE OF NEW YORK, SHALL HAVE AUTHORITY TO EXECUTE ANY
 WARRANT  TO  SEARCH  FOR AND SEIZE ANY PARTS OR PRODUCTS IN VIOLATION OF
 THIS SECTION, AS DEFINED IN SUBDIVISION ONE  OF  THIS  SECTION,  OR  ANY
 PROPERTY  OR  ITEM  USED IN CONNECTION WITH A VIOLATION OF THIS SECTION;
 SUCH PARTS OR PRODUCTS SHALL BE HELD PENDING PROCEEDINGS IN ANY COURT OF
 PROPER JURISDICTION. UPON CONVICTION, OR UPON THE ENTRY  OF  A  JUDGMENT
 RESTRAINING  THE PROCESS, SALE, OFFER FOR SALE, PURCHASE, TRADE, BARTER,
 DISTRIBUTION OR POSSESSION OF ANY SUCH PART OR  PRODUCT  ON  THE  GROUND
 THAT SUCH PARTS OR PRODUCTS ARE IN VIOLATION OF THIS SECTION, SUCH PARTS
 OR PRODUCTS SHALL BE FORFEITED AND, UPON FORFEITURE, EITHER OFFERED TO A
 RECOGNIZED  INSTITUTION  FOR  SCIENTIFIC  OR  EDUCATIONAL  PURPOSES,  OR
 DESTROYED.
   § 2. Paragraph f of subdivision 1 of section 71-0919 of  the  environ-
 mental  conservation law, as amended by chapter 640 of the laws of 1977,
 is amended and a new paragraph g is added to read as follows:
   f. In the cases provided in section 71-0909 OF THIS TITLE,  is  liable
 to  forfeiture and confiscation of property involved in such violations,
 as provided in that section[.]; AND
   G. IN THE CASES PROVIDED IN SECTION 11-0535-B OF THIS CHAPTER:
   (I) ANY PART OR PRODUCT SHALL BE HELD PENDING CRIMINAL PROCEEDINGS  IN
 ANY COURT OF PROPER JURISDICTION.
   (II) A DEFENDANT CONVICTED OF SUCH SECTION SHALL BE SENTENCED PURSUANT
 TO  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION 55.10 OF THE PENAL LAW;
 PROVIDED, HOWEVER, THAT ANY TERM OF IMPRISONMENT IMPOSED  FOR  VIOLATION
 OF  SUCH  SECTION  SHALL  BE DEFINITE SENTENCE, WHICH MAY NOT EXCEED TWO
 YEARS.
   (III) UPON CONVICTION, OR UPON THE ENTRY OF A JUDGMENT  RESTRAINING  A
 DEFENDANT FROM POSSESSING, SELLING, OR OFFERING FOR SALE A PART OR PROD-
 UCT  OF  A  GIRAFFE  (GIRAFFA  CAMELOPARDALIS)  ON THE GROUNDS THAT SUCH
 ACTIVITY IS OR WOULD BE IN VIOLATION OF SECTION 11-0535-B OF THIS  CHAP-
 TER,  ANY  SEIZED  PROPERTY UNDER THIS PARAGRAPH SHALL BE FORFEITED AND,
 UPON FORFEITURE, DESTROYED.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.