S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4325--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2019
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA,  MARTINEZ,  SERRANO  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental Conservation -- recommitted to the Committee on Environ-
   mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   enacting the "Big Five African Trophies Act" relating to foreign game
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "Big Five
 African Trophies Act".
   § 2. Title 5 of Article 11 of the environmental  conservation  law  is
 amended by adding a new section 11-0535-d to read as follows:
 § 11-0535-D. BIG FIVE AFRICAN TROPHIES ACT.
   1.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, NO INDIVIDUAL, FIRM,
 CORPORATION, ASSOCIATION, OR PARTNERSHIP SHALL  IMPORT,  EXPORT,  TRANS-
 PORT, PROCESS, SELL, OFFER FOR SALE, PURCHASE, TRADE, BARTER, DISTRIBUTE
 OR POSSESS ANY PART OR PRODUCT OF THE SKIN OR BODY, WHETHER RAW OR MANU-
 FACTURED,  OF  THE FOLLOWING ANIMAL SPECIES: AFRICAN ELEPHANT (LOXODONTA
 AFRICANA); AFRICAN LEOPARD (PANTHERA  PARDUS);  AFRICAN  LION  (PANTHERA
 LEO); BLACK RHINOCEROS (DICEROS BICORNIS); WHITE RHINOCEROS (CERATOTHER-
 IUM SIMUM); AND AFRICAN GIRAFFE (GIRAFFA CAMELOPARDALIS).
   2.  UNLESS  SUCH ACTIVITY IS PROHIBITED BY FEDERAL LAW, PARAGRAPH E OF
 SUBDIVISION SIX OF SECTION 11-0103 OF THIS ARTICLE, OR SECTIONS 11-0512,
 11-0535-A, OR 11-0536  OF  THIS  TITLE,  THE  FOLLOWING  EXCEPTIONS  AND
 DEFENSES APPLY TO THE PROHIBITIONS OF SUBDIVISION ONE OF THIS SECTION:
   A.  THE  PART  OR PRODUCT WAS LOCATED OR POSSESSED WITHIN THE STATE OF
 NEW YORK PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AND THE LEGAL OWNER
 HAS OBTAINED A CERTIFICATE OF POSSESSION FROM THE SECRETARY OF STATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01362-04-0
              

 S. 4325--A                          2
 
   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, PROVIDED THAT THE ARTICLE IS  NOT  THEREAFTER
 SOLD,  OFFERED  FOR SALE, TRADED, BARTERED OR DISTRIBUTED TO ANY PRIVATE
 PARTY; OR
   C. THE PART OR PRODUCT IS DISTRIBUTED DIRECTLY TO A LEGAL  BENEFICIARY
 OF  A  TRUST  OR  TO  A  LEGAL  HEIR PROVIDED THE ARTICLE 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
 ARTICLE  IS  NOT  THEREAFTER SOLD, OFFERED FOR SALE, TRADED, BARTERED OR
 DISTRIBUTED TO ANY PRIVATE PARTY; PROVIDED FURTHER THAT THE  BENEFICIARY
 OR  HEIR  OBTAIN A CERTIFICATE OF POSSESSION FROM THE SECRETARY OF STATE
 WITHIN ONE HUNDRED EIGHTY DAYS OF OBTAINING THE ARTICLE.
   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 IMPORT, EXPORT,  TRANSPORT,  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.
   §  3.  Subdivision 1 of section 71-0919 of the environmental conserva-
 tion law is amended by adding a new paragraph h to read as follows:
   H. IN THE CASES PROVIDED FOR IN SECTION 11-0535-D OF THIS CHAPTER:
   (1) ANY BIG  FIVE  AFRICAN  SPECIES,  PROPERTY  AND/OR  ITEM  USED  IN
 CONNECTION WITH A VIOLATION OF THIS SECTION SHALL BE HELD PENDING CRIMI-
 NAL PROCEEDINGS IN ANY COURT OF PROPER JURISDICTION.
   (2)  A DEFENDANT CONVICTED OF THIS OFFENSE 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 THIS SECTION SHALL BE A DEFINITE SENTENCE, WHICH MAY NOT  EXCEED  TWO
 YEARS.
   (3)  UPON  CONVICTION,  OR  UPON THE ENTRY OF A JUDGMENT RESTRAINING A
 DEFENDANT FROM IMPORTING, POSSESSING, SELLING,  OFFERING  FOR  SALE,  OR
 TRANSPORTING  ANY  BIG  FIVE  AFRICAN  SPECIES  ON THE GROUNDS THAT SUCH
 ACTIVITY IS OR WOULD BE IN VIOLATION OF SECTION 11-0535-D OF THIS  CHAP-
 TER,  ANY  SEIZED  PROPERTY UNDER THIS PARAGRAPH SHALL BE FORFEITED AND,
 UPON FORFEITURE, DESTROYED.
   § 4. This act shall take effect one year after it shall have become  a
 law.