See other bills
under the
same topic
PRINTER'S NO. 606
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
248
Session of
2017
INTRODUCED BY DEAN, TOOHIL, W. KELLER, BOBACK, NEILSON, MILLARD,
MURT, DAVIS, VITALI, SCHWEYER, O'BRIEN, SIMS, FRANKEL,
O'NEILL, ROZZI, FREEMAN, WARREN, WATSON, CALTAGIRONE,
D. COSTA, DONATUCCI, KINSEY, ROEBUCK, V. BROWN, RAVENSTAHL
AND RABB, FEBRUARY 23, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 23, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in riot, disorderly conduct and
related offenses, prohibiting the import, sale, purchase,
barter or possession of ivory or rhinoceros horn; 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:
ยง 5511.4. Prohibiting the import, sale, purchase, barter or
possession of ivory or rhinoceros horn.
(a) Offense defined.--No person may import, sell, purchase,
barter or possess with the intent to sell ivory or rhinoceros
horn or items containing ivory or rhinoceros horn.
(b) Exceptions.--The provisions of this section shall not
apply to the following:
(1) Antiques.
(2) Musical instruments.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
(3) Ivory, ivory products, rhinoceros horn or rhinoceros
horn products conveyed to a lawful beneficiary upon the death
or anticipated death of the owner, provided that the
beneficiary may not sell those items.
(4) Employees or agents of the Federal or State
government undertaking law enforcement activities pursuant to
Federal or State law or other mandatory duties.
(5) An import of ivory, ivory products, rhinoceros horn
or rhinoceros horn products that is expressly authorized by
Federal license or permit.
(c) Educational or scientific use.--The Department of
Environmental Protection may permit, under terms and conditions
as the department may prescribe, the import, sale, offer for
sale, purchase, barter or possession with the intent to sell of
ivory, ivory products, rhinoceros horn or rhinoceros horn
products for educational or scientific purposes, unless the
activity is prohibited by law.
(d) Penalties.--A person who violates subsection (a) commits
a misdemeanor of the second degree and shall, upon conviction,
be sentenced as follows:
(1) For a first offense, a fine of not less than $1,000.
(2) For a second or subsequent offense, a fine of not
less than $5,000, or an amount equal to two times the total
value of the ivory, ivory products, rhinoceros horn or
rhinoceros horn products, whichever is greater.
(e) Seizure.--Upon conviction for violating the provisions
of this section, the court shall order the seizure of all ivory,
ivory products, rhinoceros horn and rhinoceros horn products
involved in the violation and transfer them to the Department of
Environmental Protection for proper disposal or donation for
20170HB0248PN0606 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
educational or scientific purposes.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Antiques." An object that:
(1) contains ivory or rhinoceros horn weighing less than
200 grams; and
(2) is documented by the owner or seller to be not less
than 100 years old.
"Ivory." A tooth or tusk composed of ivory from any animal,
including, but not limited to, an elephant, hippopotamus,
mammoth, narwhal, walrus or whale, or a piece thereof, including
raw ivory or worked ivory made into an ivory product.
"Ivory product." An item that contains or is wholly or
partially made from ivory.
"Musical instruments." A musical instrument that has as a
fixed component ivory or rhinoceros horn weighing less than 200
grams.
"Raw ivory." An ivory surface, polished or unpolished,
unaltered or minimally changed by carving.
"Rhinoceros horn." The horn or a piece of horn from any
species of rhinoceros.
"Rhinoceros horn product." An item that contains or is
wholly or partially made from a rhinoceros horn.
"Total value of ivory, ivory products, rhinoceros horn and
rhinoceros horn products." The fair market value of the ivory,
ivory products, rhinoceros horn and rhinoceros horn products or
the actual price paid for the ivory, ivory products, rhinoceros
horn and rhinoceros horn products, whichever is greater.
"Worked ivory." Ivory that has been embellished, carved,
20170HB0248PN0606 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
marked or otherwise altered and can no longer be considered raw
ivory.
Section 2. This act shall take effect in 60 days.
20170HB0248PN0606 - 4 -
1
2
3