Full Text of SB1858 99th General Assembly
SB1858sam002 99TH GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 4/14/2015
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| 1 | | AMENDMENT TO SENATE BILL 1858
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1858 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Wildlife Code is amended by adding Section | 5 | | 4.3a as follows: | 6 | | (520 ILCS 5/4.3a new) | 7 | | Sec. 4.3a. Ivory ban. | 8 | | (a) As used in this Section:
| 9 | | "Ivory" means any tooth or tusk composed of ivory from | 10 | | any animal, including, but not limited to, an elephant, | 11 | | hippopotamus, mammoth, narwhal, walrus, or whale, or any | 12 | | piece thereof, whether raw ivory or worked ivory, or made | 13 | | into, or part of, an ivory product.
| 14 | | "Ivory product" means any item that contains, or that | 15 | | is wholly or partially made from, any ivory. | 16 | | "Raw ivory" means any ivory the surface of which, |
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| 1 | | polished or unpolished, is unaltered or minimally changed | 2 | | by carving.
| 3 | | "Rhinoceros horn" means the horn, or any piece thereof, | 4 | | of any species of rhinoceros.
| 5 | | "Rhinoceros horn product" means any item that | 6 | | contains, or is wholly or partially made from, any | 7 | | rhinoceros horn.
| 8 | | "Total value of the ivory, ivory products, rhinoceros | 9 | | horn, and rhinoceros horn products" means the fair market | 10 | | value of the ivory, ivory products, rhinoceros horn, and | 11 | | rhinoceros horn products, or the actual price paid for the | 12 | | ivory, ivory products, rhinoceros horn, and rhinoceros | 13 | | products, whichever is greater.
| 14 | | "Worked ivory" means ivory that has been embellished, | 15 | | carved, marked, or otherwise altered so that it can no | 16 | | longer be considered raw ivory. | 17 | | (b) In addition to the prohibitions under any other law, it | 18 | | shall be unlawful for any person to sell, offer for sale, | 19 | | purchase, barter, or possess with intent to sell, any ivory, | 20 | | ivory product, rhinoceros horn, or rhinoceros horn product, | 21 | | except as provided by this Section.
| 22 | | (c) It shall be presumptive evidence of possession with | 23 | | intent to sell when any ivory, ivory product, rhinoceros horn, | 24 | | or rhinoceros horn product is possessed in a retail or | 25 | | wholesale outlet commonly used for the buying or selling of | 26 | | similar products, provided, however, that nothing in this |
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| 1 | | subsection (c) shall preclude a finding of intent to sell based | 2 | | on any other evidence which may serve to independently | 3 | | establish that intent. The act of obtaining an appraisal of | 4 | | ivory, an ivory product, rhinoceros horn, or a rhinoceros horn | 5 | | product, alone shall not constitute possession with intent to | 6 | | sell.
| 7 | | (d) A person may convey ivory, an ivory product, rhinoceros | 8 | | horn, or a rhinoceros horn product to the legal beneficiary of | 9 | | the ivory, ivory product, rhinoceros horn, or rhinoceros horn | 10 | | product which is part of an estate or other items being | 11 | | conveyed to lawful beneficiaries upon the death of the owner of | 12 | | the ivory, ivory product, rhinoceros horn, or rhinoceros horn | 13 | | product or in anticipation of that death.
| 14 | | (e) None of the prohibitions set forth in this Section | 15 | | shall apply to employees or agents of the federal or State | 16 | | government undertaking any law enforcement activities under | 17 | | federal or State law or any mandatory duties required by | 18 | | federal or State law.
| 19 | | (f) The Department of Natural Resources may permit, under | 20 | | terms and conditions as the Department may adopt by rule, the | 21 | | sale, offer for sale, purchase, barter, or possession with | 22 | | intent to sell, of any ivory, ivory product, rhinoceros horn, | 23 | | or rhinoceros horn product for bona fide educational or | 24 | | scientific purposes, unless this activity is prohibited by | 25 | | federal law. | 26 | | (g) In addition to any applicable penalties which may be |
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| 1 | | imposed under any other law, a person violating any provision | 2 | | of subsection (b), (c), (d), (e), or (f) of this Section, or | 3 | | any rule adopted under subsection (i) of this Section, shall be | 4 | | guilty of:
| 5 | | (1) for a first offense, a business offense and shall | 6 | | be fined not less than $1,000 or an amount equal to 2 times | 7 | | the total value of the ivory, ivory products, rhinoceros | 8 | | horn, and rhinoceros horn products involved in the offense, | 9 | | whichever is greater; and
| 10 | | (2) for a second or subsequent offense, a Class A | 11 | | misdemeanor and shall be fined not less than $5,000 or an | 12 | | amount equal to 2 times the total value of the ivory, ivory | 13 | | products, rhinoceros horn, and rhinoceros horn products | 14 | | involved in the offense, whichever is greater.
| 15 | | (h) Upon a conviction for violating the provisions of | 16 | | subsection (b), (c), (d), (e), or (f) of this Section, the | 17 | | court shall order the seizure of all ivory, ivory products, | 18 | | rhinoceros horn, and rhinoceros horn products involved in the | 19 | | violation and determine the penalty for the violation based on | 20 | | the assessed value of the seized products under subsection (g) | 21 | | of this Section. After sentencing the defendant, the court | 22 | | shall order that the seized ivory, ivory products, rhinoceros | 23 | | horn, and rhinoceros horn products be transferred to the | 24 | | Department of Natural Resources for proper disposition. The | 25 | | Department, at its discretion, may destroy the ivory, ivory | 26 | | products, rhinoceros horn, and rhinoceros horn products or |
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| 1 | | donate them to an educational or scientific institution or | 2 | | organization, including, but not necessarily limited to, a | 3 | | museum, university, or research group. | 4 | | (i) The Department of Natural Resources may adopt any rules | 5 | | necessary for the implementation of this Section. ".
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