S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10287

                          I N  A S S E M B L Y

                              May 20, 2016
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  enacting "Cecil's law" 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 "Cecil's law".
  S 2. Section 11-1717 of the environmental conservation  law,  subdivi-
sion  2  as amended by section 18 of part H of chapter 58 of the laws of
2012, is amended to read as follows:
S 11-1717. Foreign game.
  1. Foreign game means pheasants of all species, Scotch grouse,  Norwe-
gian  ptarmigan,  Norwegian  white grouse, European black game, European
black  plover,  European  gray-legged  partridge,  European   red-legged
partridge,  Egyptian  quail,  tinamou and species or subspecies of birds
not native to this state, and European  red  deer,  fallow  deer  [and],
roebuck,  AND  "BIG  FIVE AFRICAN SPECIES". AS USED IN THIS SECTION, THE
TERM "BIG FIVE AFRICAN SPECIES" SHALL MEAN AN ORGANISM  OF  ANY  OF  THE
FOLLOWING  MEMBERS  OF  THE  ANIMAL KINGDOM: AFRICAN ELEPHANT (LOXODONTA
AFRICANA), AFRICAN LION (PANTERA LEO), AFRICAN LEOPARD (PANTHERA  PARDUS
PARDUS), THE BLACK RHINOCEROS (DICEROS BICORNIS) AND THE  WHITE RHINOCE-
ROS  (CERATOTHERIUM  SIMUM  COTTONI),  INCLUDING  ANY  PART, PRODUCT, OR
OFFSPRING  THEREOF,  OR  THE  DEAD  BODY  OR  PARTS  THEREOF  (EXCLUDING
FOSSILS), WHETHER OR NOT INCLUDED IN A MANUFACTURED PRODUCT OR IN A FOOD
PRODUCT.
  2.  The  carcasses,  or  parts  thereof, of foreign game imported from
outside the United States may be bought and sold.
  3. A. NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  TWO  OF  THIS
SECTION,  BIG  FIVE  AFRICAN  SPECIES  SHALL NOT BE IMPORTED, POSSESSED,
SOLD, OFFERED FOR SALE, OR TRANSPORTED BY ANY INDIVIDUAL,  FIRM,  CORPO-
RATION, ASSOCIATION, OR PARTNERSHIP WITHIN THE STATE OF NEW YORK.
  B.  ANY  LAW  ENFORCEMENT OFFICER SHALL HAVE AUTHORITY TO ENFORCE THIS
PROHIBITION AND, WHERE NECESSARY, TO EXECUTE ANY WARRANT TO  SEARCH  FOR
AND  SEIZE  BIG  FIVE AFRICAN SPECIES IMPORTED, POSSESSED, SOLD, OFFERED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD09060-06-6

A. 10287                            2

FOR SALE OR TRANSPORTED IN VIOLATION OF THIS SECTION. AS  USED  IN  THIS
PARAGRAPH, THE TERM "LAW ENFORCEMENT OFFICER" MEANS ANY OFFICER OR AGENT
AUTHORIZED  BY  THE  COMMISSIONER, OR ANY POLICE OFFICER OF THE STATE OF
NEW  YORK, OR ANY POLICE OFFICER OF ANY MUNICIPALITY WITHIN THE STATE OF
NEW YORK, OR ANY PORT AUTHORITY AGENT OR PORT AUTHORITY  POLICE  OFFICER
IN THE STATE OF NEW YORK.
  4.  UNLESS  SUCH  ACTIVITY IS PROHIBITED BY FEDERAL LAW, THE FOLLOWING
EXCEPTIONS AND DEFENSES APPLY TO THE PROHIBITIONS OF  SUBDIVISION  THREE
OF THIS SECTION:
  A.  THE  BIG  FIVE AFRICAN SPECIES WAS LOCATED OR POSSESSED WITHIN THE
STATE OF NEW YORK PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
OF TWO THOUSAND FIFTEEN WHICH AMENDED THIS SECTION AND THE  LEGAL  OWNER
HAS OBTAINED A CERTIFICATE OF POSSESSION FROM THE SECRETARY OF STATE; OR
  B.  THE  BIG FIVE AFRICAN SPECIES 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  BIG  FIVE  AFRICAN SPECIES 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 THE
CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN WHICH AMENDED 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.
  S 3. Subdivision 1 of section 71-0919 of the  environmental  conserva-
tion law is amended by adding a new paragraph g to read as follows:
  G.  IN THE CASES PROVIDED FOR IN SECTION 11-1717 OF THIS CHAPTER:  (A)
ANY BIG FIVE AFRICAN SPECIES, PROPERTY AND/OR ITEM  USED  IN  CONNECTION
WITH  A  VIOLATION  OF  THIS  SECTION  SHALL  BE  HELD  PENDING CRIMINAL
PROCEEDINGS IN ANY COURT OF PROPER JURISDICTION.
  (B) 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.
  (C) 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 11-1717 OF THIS CHAPTER,
ANY  SEIZED  PROPERTY  UNDER THIS PARAGRAPH SHALL BE FORFEITED AND, UPON
FORFEITURE, DESTROYED.
  S 4. This act shall take effect immediately.