PRINTER'S NO. 1516
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1324
Session of
2023
INTRODUCED BY KRUEGER, ISAACSON, SCHLOSSBERG, SANCHEZ, HILL-
EVANS, VITALI, HADDOCK, MADDEN, McNEILL, HOWARD, WARREN,
SHUSTERMAN AND GREEN, JUNE 12, 2023
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 12, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in riot, disorderly conduct and
related offenses, prohibiting the purchase, sale, offer for
sale or possession with intent to sell covered animal parts
or products; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5518. Prohibiting the purchase, sale, offer for sale or
possession with intent to sell covered animal parts
or products.
(a) Offense defined.--Notwithstanding any other provision of
law, no person may purchase, sell, offer to sell or possess with
intent to sell any item that the person knows or should know is
a covered animal part or product.
(b) Exceptions.--Unless otherwise prohibited by 34 Pa.C.S. §
2167 (relating to endangered or threatened species), the
provisions of this section shall not apply:
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(1) To employees or agents of the Federal or State
Government undertaking any law enforcement activities
pursuant to Federal or State law or any mandatory duties
required by Federal or State law.
(2) When the activity is expressly authorized by Federal
law.
(3) When the covered animal part or product is a fixed
component of an antique that is not made wholly or partially
of the covered animal part or product if:
(i) the antique status is established by the owner
or seller thereof with documentation evidencing
provenance showing the covered animal part or product to
be not less than 100 years old; and
(ii) the total weight of the covered animal part or
product is less than 200 grams.
(4) When the covered animal part or product is a fixed
component of a musical instrument, including, but not limited
to, string instruments and bows, wind and percussion
instruments and pianos, if:
(i) the covered animal part or product was legally
acquired; and
(ii) the total weight of the covered animal part or
product is less than 200 grams.
(c) Educational or scientific use.--The Pennsylvania Game
Commission may permit, under terms and conditions as the
commission may prescribe the purchase, sale, offer for sale or
possession with intent to sell of a covered animal part or
product for educational or scientific purposes by a bona fide
educational or scientific institution if the covered animal part
or product was legally required, unless the activity is
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prohibited by any Federal law or regulation.
(d) Presumption of possession with intent to sell.--There is
a presumption of possession with intent to sell a covered animal
part or product when the covered animal part or product is
possessed by a retail or wholesale establishment or other forum
engaged in the business of buying or selling similar items. This
rebuttable presumption shall not preclude a finding of intent to
sell on any other evidence which may serve to independently
establish the intent.
(e) Penalties.--A person who violates subsection (a) commits
a misdemeanor and shall, upon conviction, be sentenced as
follows:
(1) For a first offense where the total value of the
covered animal part or product is $250 or less, the person is
guilty of a misdemeanor of the third degree and subject to a
fine not exceeding $2,500 or a period of imprisonment not to
exceed one year, or both.
(2) For a first offense where the total value of the
covered animal part or product exceeds $250, the person is
guilty of a misdemeanor of the second degree and subject to a
fine not exceeding $5,000 or a period of imprisonment not to
exceed two years, or both.
(3) For a second or subsequent offense where the total
value of the covered animal part or product is $250 or less,
the person is guilty of a misdemeanor of the second degree
and subject to a fine not exceeding $5,000 or a period of
imprisonment not to exceed two years, or both.
(4) For a second or subsequent offense where the total
value of the covered animal part or product exceeds $250, the
person is guilty of a misdemeanor of the first degree and
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subject to a fine not exceeding $10,000 or a period of
imprisonment not to exceed five years, or both.
(f) Additional penalty.--In addition to, and separate from,
a criminal penalty provided for under subsection (e), a civil or
administrative fine of an amount not to exceed two times the
total value of the covered animal part or product involved in
the violation may be imposed for a violation of subsection (a)
or any rule, regulation or order promulgated pursuant thereto.
(g) Seizure.--Upon conviction for violating the provisions
of this section, the court shall order the seizure of the
covered animal part or product involved in the violation and
transfer it to the Pennsylvania Game Commission where it shall
be:
(1) maintained by the commission for educational or
training purposes;
(2) donated by the commission to a bona fide educational
or scientific institution; or
(3) destroyed.
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Bona fide educational or scientific institution." An
institution that establishes through documentation educational
or scientific tax exemption from the Federal Internal Revenue
Service.
"Covered animal." Any species of:
(1) Bonobo.
(2) Cheetah.
(3) Chimpanzee.
(4) Dolphin.
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(5) Elephant.
(6) Giraffe.
(7) Gorilla.
(8) Hippopotamus.
(9) Jaguar.
(10) Leopard.
(11) Lion.
(12) Mammoth.
(13) Mastodon.
(14) Narwhal.
(15) Orangutan.
(16) Panda bear.
(17) Pangolin.
(18) Polar bear.
(19) Porpoise, including vaquita.
(20) Ray.
(21) Rhinoceros.
(22) Sea turtle.
(23) Shark.
(24) Tiger.
(25) Walrus.
(26) Whale.
"Covered animal part or product." An item that contains, or
is wholly or partially made from, any covered animal.
"Sale" or "sell." An act of selling, trading or bartering
for monetary or nonmonetary consideration, and includes any
transfer of ownership that occurs in the course of a commercial
transaction, but does not include a nonmonetary transfer of
ownership by way of gift, donation or bequest. For purposes of
this section, a sale shall be deemed to occur in this
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Commonwealth if:
(1) the buyer takes physical possession of the covered
animal part or product in this Commonwealth; or
(2) the seller is located in this Commonwealth.
"Total value." Either the fair market value or the actual
price paid for a covered animal part or product, whichever is
greater.
Section 2. This act shall take effect in six months.
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