S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    716
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, SIMON, GOTTFRIED -- read once and
   referred to the Committee on Environmental Conservation
 
 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;
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00556-01-1

 A. 716                              2
 
 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.