Illinois General Assembly - Full Text of SB1858
Illinois General Assembly

Previous General Assemblies

Full Text of SB1858  99th General Assembly

SB1858sam002 99TH GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 4/14/2015

 

 


 

 


 
09900SB1858sam002LRB099 07979 MGM 33923 a

1
AMENDMENT TO SENATE BILL 1858

2    AMENDMENT NO. ______. Amend Senate Bill 1858 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Wildlife Code is amended by adding Section
54.3a 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,

 

 

09900SB1858sam002- 2 -LRB099 07979 MGM 33923 a

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
18shall be unlawful for any person to sell, offer for sale,
19purchase, barter, or possess with intent to sell, any ivory,
20ivory product, rhinoceros horn, or rhinoceros horn product,
21except as provided by this Section.
22    (c) It shall be presumptive evidence of possession with
23intent to sell when any ivory, ivory product, rhinoceros horn,
24or rhinoceros horn product is possessed in a retail or
25wholesale outlet commonly used for the buying or selling of
26similar products, provided, however, that nothing in this

 

 

09900SB1858sam002- 3 -LRB099 07979 MGM 33923 a

1subsection (c) shall preclude a finding of intent to sell based
2on any other evidence which may serve to independently
3establish that intent. The act of obtaining an appraisal of
4ivory, an ivory product, rhinoceros horn, or a rhinoceros horn
5product, alone shall not constitute possession with intent to
6sell.
7    (d) A person may convey ivory, an ivory product, rhinoceros
8horn, or a rhinoceros horn product to the legal beneficiary of
9the ivory, ivory product, rhinoceros horn, or rhinoceros horn
10product which is part of an estate or other items being
11conveyed to lawful beneficiaries upon the death of the owner of
12the ivory, ivory product, rhinoceros horn, or rhinoceros horn
13product or in anticipation of that death.
14    (e) None of the prohibitions set forth in this Section
15shall apply to employees or agents of the federal or State
16government undertaking any law enforcement activities under
17federal or State law or any mandatory duties required by
18federal or State law.
19    (f) The Department of Natural Resources may permit, under
20terms and conditions as the Department may adopt by rule, the
21sale, offer for sale, purchase, barter, or possession with
22intent to sell, of any ivory, ivory product, rhinoceros horn,
23or rhinoceros horn product for bona fide educational or
24scientific purposes, unless this activity is prohibited by
25federal law.
26    (g) In addition to any applicable penalties which may be

 

 

09900SB1858sam002- 4 -LRB099 07979 MGM 33923 a

1imposed under any other law, a person violating any provision
2of subsection (b), (c), (d), (e), or (f) of this Section, or
3any rule adopted under subsection (i) of this Section, shall be
4guilty 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
16subsection (b), (c), (d), (e), or (f) of this Section, the
17court shall order the seizure of all ivory, ivory products,
18rhinoceros horn, and rhinoceros horn products involved in the
19violation and determine the penalty for the violation based on
20the assessed value of the seized products under subsection (g)
21of this Section. After sentencing the defendant, the court
22shall order that the seized ivory, ivory products, rhinoceros
23horn, and rhinoceros horn products be transferred to the
24Department of Natural Resources for proper disposition. The
25Department, at its discretion, may destroy the ivory, ivory
26products, rhinoceros horn, and rhinoceros horn products or

 

 

09900SB1858sam002- 5 -LRB099 07979 MGM 33923 a

1donate them to an educational or scientific institution or
2organization, including, but not necessarily limited to, a
3museum, university, or research group.
4    (i) The Department of Natural Resources may adopt any rules
5necessary for the implementation of this Section.".