2015 -- H 5660 | |
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LC001661 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2015 | |
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A N A C T | |
RELATING TO CRIMINAL OFFENSES - SALE OF IVORY OR RHINOCEROS HORNS | |
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Introduced By: Representatives Handy, Palangio, Serpa, and Fogarty | |
Date Introduced: February 26, 2015 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is |
2 | hereby amended by adding thereto the following chapter: |
3 | CHAPTER 69 |
4 | SALE OF IVORY OR RHINOCEROS HORNS |
5 | 12-69-1. Legislative findings. – The general assembly finds and declares as follows: |
6 | (1) Ivory trafficking is at the highest rate ever recorded, with an estimated confiscation of |
7 | more than forty-one (41) tons of illegal ivory worldwide in 2013; |
8 | (2) Despite laws to protect elephants, more than thirty-five thousand (35,000) African |
9 | elephants were slaughtered in 2012 and scientists expect the current levels of illegal trade in ivory |
10 | will bring elephants to extinction within twenty (20) years; |
11 | (3) Other species with ivory teeth and tusks, such as hippopotamuses, narwhals, walruses, |
12 | and whales, are equally threatened and the protection of one species may inadvertently draw |
13 | poachers' efforts to another species; |
14 | (4) Precious artifacts from prehistoric mammoths are also not safe and need protection |
15 | from illegal ivory traffickers; that currently the population of all species of rhinoceros living in |
16 | the wild worldwide has dwindled to 29,000 and, in February 2014, a federal ban on commercial |
17 | trade of rhinoceros horn and elephant ivory has focused the need to protect rhinoceros |
18 | populations from poachers as well, and that the most effective way to discourage the illegal |
19 | trafficking is to eliminate markets and profits for the traffickers. |
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1 | (5) The general assembly therefore determines that it is an important public purpose to |
2 | protect all species of rhinoceros and all species of animals with ivory teeth and tusks by |
3 | prohibiting the import, sale, purchase, barter, or possession with intent to sell, of any ivory, ivory |
4 | product, rhinoceros horn, or rhinoceros horn product. |
5 | 12-69-1-2. Definitions. – As used in this chapter: |
6 | (1) "Ivory" means any tooth or tusk composed of ivory from any animal, including, but |
7 | not limited to, an elephant, hippopotamus, mammoth, narwhal, walrus, or whale, or any piece |
8 | thereof, whether raw ivory or worked ivory, or made into, or part of, an ivory product. |
9 | (2) "Ivory product" means any item that contains, or that is wholly or partially made |
10 | from, any ivory. |
11 | (3) "Raw ivory" means any ivory the surface of which, polished or unpolished, is |
12 | unaltered or minimally changed by carving. |
13 | (4) "Rhinoceros horn" means the horn, or any piece thereof, of any species of rhinoceros. |
14 | (5) "Rhinoceros horn product" means any item that contains, or is wholly or partially |
15 | made from any rhinoceros horn. |
16 | (6) "Total value of the ivory, ivory product, rhinoceros horn, and rhinoceros horn |
17 | products" means the fair market value of the ivory, ivory products, rhinoceros horn, and |
18 | rhinoceros horn products, or the actual price paid for the ivory, ivory products, rhinoceros horn, |
19 | and rhinoceros horn products, whichever is greater. |
20 | (7) "Worked ivory" means ivory that has been embellished, carved, marked, or otherwise |
21 | altered so that it can no longer be considered raw ivory. |
22 | 12-69-3. Unlawful possession or sale of ivory or rhinoceros horns. – (a) In addition to |
23 | the prohibitions established pursuant to, and the penalties imposed for violations of, chapter 37 of |
24 | title 20 and any other applicable law, it shall be unlawful for any person to import, sell, offer for |
25 | sale, purchase, barter, or possess with intent to sell, any ivory, ivory product, rhinoceros horn, or |
26 | rhinoceros horn product except as provided pursuant to this section. |
27 | (b) It shall be presumptive evidence of possession with intent to sell when any ivory, |
28 | ivory product, rhinoceros horn, or rhinoceros horn product is possessed in a retail or wholesale |
29 | outlet commonly used for the buying or selling of similar products; provided, however, that |
30 | nothing in this subsection shall preclude a finding of intent to sell based on any other evidence |
31 | which may serve to independently establish such intent. The act of obtaining an appraisal of |
32 | ivory, and ivory product, rhinoceros horn, or a rhinoceros horn product, alone shall not constitute |
33 | possession with intent to sell. |
34 | (c) A person may convey ivory, an ivory product, rhinoceros horn, or a rhinoceros horn |
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1 | product to the legal beneficiary of the ivory, ivory product, rhinoceros horn, or rhinoceros horn |
2 | product which is part of an estate or other items being conveyed to lawful beneficiaries upon the |
3 | death of the owner of the ivory, ivory product, rhinoceros horn, or rhinoceros horn product or in |
4 | anticipation of that death. |
5 | (d) None of the prohibitions set forth in this section shall apply to employees or agents of |
6 | the federal or state government undertaking any law enforcement activities pursuant to federal or |
7 | state law or any mandatory duties required by federal or state law. |
8 | (e) The prohibition on import set forth in subsection (a) of this section shall not apply |
9 | where the import is expressly authorized by federal license or permit. |
10 | (f) The department of environmental management may permit, under terms and |
11 | conditions as the department may prescribe, the import, sale, offer for sale, purchase, barter, or |
12 | possession with intent to sell, any ivory, ivory product, rhinoceros horn, or rhinoceros horn |
13 | product for bona fide educational or scientific purposes, unless this activity is prohibited by |
14 | federal law. |
15 | 12-69-4. Penalty for violation. -- (a) Upon conviction of a violation of this chapter: |
16 | (1) For a first offense, a person shall be guilty of a misdemeanor and shall be fined not |
17 | more than one thousand dollars ($1,000) or an amount equal to two (2) times the total value of the |
18 | ivory, ivory products, rhinoceros horn, and rhinoceros horn products involved in the offense, |
19 | whichever is greater; and |
20 | (2) For a second or subsequent offense, a person shall be guilty of a felony and shall be |
21 | fined not less than five thousand dollars ($5,000) or an amount equal to two (2) times the total |
22 | value of the ivory, ivory products, rhinoceros horn, and rhinoceros horn products involved in the |
23 | offense, whichever is greater. |
24 | (b) Upon a conviction for violating the provisions of this chapter, the court shall order the |
25 | seizure of all ivory, ivory products, rhinoceros horn, and rhinoceros horn products involved in the |
26 | violation and determine the penalty for the violation based on the assessed value of the seized |
27 | products pursuant to subsection (a) of this section. After sentencing the defendant, the court shall |
28 | order that the seized ivory, ivory products, rhinoceros horn, rhinoceros horn products be |
29 | transferred to the department of environmental management for proper disposition. The |
30 | department, at its discretion, may destroy the ivory, ivory products, rhinoceros horn, and |
31 | rhinoceros horn products or donate them to an educational or scientific institution or organization, |
32 | including, but not necessarily limited to, a museum, university, or research group. |
33 | 12-69-5. Rules and regulations. -- The department of environmental management may |
34 | adopt, pursuant to chapter 35 of title 42 (administrative procedure act), such rules and regulations |
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1 | necessary for the implementation and administration of this chapter. |
2 | SECTION 2. This act shall take effect on January 1, 2016. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES - SALE OF IVORY OR RHINOCEROS HORNS | |
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1 | This act would prohibit any person from importing, selling, offering for sale, purchasing, |
2 | bartering, or possessing with intent to sell, any ivory, ivory product, rhinoceros horn, or |
3 | rhinoceros horn product, with limited exceptions. |
4 | This act would take effect on January 1, 2016. |
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LC001661 | |
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