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PRINTER'S NO. 674
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
605
Session of
2019
INTRODUCED BY LEACH, FARNESE, TARTAGLIONE, BREWSTER,
SANTARSIERO, DINNIMAN AND HUGHES, APRIL 30, 2019
REFERRED TO JUDICIARY, APRIL 30, 2019
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 to:
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(1) An employee or agent of the Federal or State
government undertaking a law enforcement activity pursuant to
Federal or State law or a mandatory duty required by Federal
or State law.
(2) An activity expressly authorized by Federal law.
(3) A covered animal part or product that is a fixed
component of an antique not made wholly or partially of the
covered animal part or product, provided that:
(i) the antique status is established by the owner
or seller thereof with documentation evidencing
provenance and 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) A covered animal part or product that is a fixed
component of a musical instrument, including a string
instrument or bow, wind or percussion instrument or piano,
provided that:
(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 unless the activity is
prohibited by Federal law or regulation and provided that the
covered animal part or product was legally acquired.
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(d) Presumption of possession with intent to sell.--
(1) There is a rebuttable presumption of possession with
intent to sell a covered animal part or product when the part
or product is possessed by a retail or wholesale
establishment or other forum engaged in the business of
buying or selling similar items.
(2) The rebuttable presumption under paragraph (1) shall
not be construed to preclude a finding of intent to sell on
any other evidence that may serve to independently establish
such 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 does not exceed $250, the
person shall be 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 shall
be 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 does not exceed
$250, the person shall be 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
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person shall be guilty of a misdemeanor of the first degree
and subject to a fine not exceeding $10,000 or a period of
imprisonment not to exceed five years, or both.
(f) Fine.--In addition to, and separate from, any criminal
penalty provided for in 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 the covered animal part or product to the Pennsylvania
Game Commission. After transfer, the covered animal part or
product 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 unless the context clearly indicates otherwise:
"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;
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(3) chimpanzee;
(4) dolphin;
(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; or
(26) whale.
"Covered animal part or product." An item that contains, or
is wholly or partially made from, a covered animal.
"Sale" or "sell." An act of selling, trading or bartering
for monetary or nonmonetary consideration. The term includes any
transfer of ownership that occurs in the course of a commercial
transaction. The term does not include a nonmonetary transfer of
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ownership by way of gift, donation or bequest.
"Total value." 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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