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S. 995 (105th): Captive Exotic Animal Protection Act of 1997


The text of the bill below is as of Jul 8, 1997 (Introduced). The bill was not enacted into law.


S 995 IS

105th CONGRESS

1st Session

S. 995

To amend title 18, United States Code, to prohibit certain interstate conduct relating to exotic animals.

IN THE SENATE OF THE UNITED STATES

July 8, 1997

Mr. LAUTENBERG (for himself, Mr. GRAHAM, Mr. KENNEDY, Mrs. BOXER, Mr. MOYNIHAN, Mr. TORRICELLI, and Mrs. MURRAY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To amend title 18, United States Code, to prohibit certain interstate conduct relating to exotic animals.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Captive Exotic Animal Protection Act of 1997’.

SEC. 2. TRANSPORT OR POSSESSION OF EXOTIC ANIMALS FOR PURPOSES OF KILLING OR INJURING THEM.

    (a) IN GENERAL- Chapter 3 of title 18, United States Code, is amended by adding at the end the following:

‘Sec. 48. Exotic animals

    ‘(a) PROHIBITION- Whoever, in or affecting interstate or foreign commerce, knowingly transfers, transports, or possesses a confined exotic animal, for the purposes of allowing the killing or injuring of that animal for entertainment or for the collection of a trophy, shall be fined under this title, imprisoned not more than 1 year, or both.

    ‘(b) DEFINITIONS- In this section--

      ‘(1) the term ‘confined exotic animal’ means a mammal of a species not historically indigenous to the United States, that has been held in captivity for the shorter of--

        ‘(A) the greater part of the life of the animal; or

        ‘(B) a period of 1 year;

      whether or not the defendant knew the length of the captivity; and

      ‘(2) the term ‘captivity’ does not include any period during which an animal--

        ‘(A) lives as it would in the wild, surviving primarily by foraging for naturally occurring food, roaming at will over an open area of not less than 1,000 acres; and

        ‘(B) has the opportunity to avoid hunters.’.

    (b) CLERICAL AMENDMENT- The analysis for chapter 3 of title 18, United States Code, is amended by adding at the end the following:

      ‘48. Exotic animals.’.