Substitute Senate Bill No. 925
Public Act No. 21-52
AN ACT PROHIBITING THE IMPORT, SALE AND POSSESSION OF
AFRICAN ELEPHANTS, LIONS, LEOPARDS, BLACK
RHINOCEROS, WHITE RHINOCEROS AND GIRAFFES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2021) (a) For purposes of this
section, "big six African species" means any specimen of any of the
following members of the animal kingdom: African elephant (loxodonta
africana), African lion (panthera leo), African leopard (panthera pardus
pardus), black rhinoceros (diceros bicornis), white rhinoceros
(ceratotherium simum cottoni) and African giraffe (giraffa
camelopardalis), including any part, product or offspring thereof, or the
dead body or parts thereof, except fossils, whether or not it is included
in a manufactured product or in a food product.
(b) No person shall import, possess, sell, offer for sale or transport in
this state any big six African species.
(c) Any law enforcement officer shall have authority to enforce the
provisions of this section and, whenever necessary, to execute any
warrant to search for and seize any big six African species imported,
possessed, sold, offered for sale or transported in violation of this
section. Substitute Senate Bill No. 925
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(d) The provisions of subsection (b) of this section shall not apply if
the possession of such specimen of a big six African species is expressly
authorized by any federal law or permit, or if any of the following
conditions exist that are not otherwise prohibited by federal law: (1)
Such specimen of a big six African species was located or possessed
within the state prior to the effective date of this section and the legal
owner of such specimen obtained a certificate of possession from the
Commissioner of Energy and Environmental Protection not later than
one hundred eighty days after the effective date of this section; (2) such
specimen of a big six African species is to be part of a temporary or
permanent collection of a museum or an educational or scientific
institution that has a tax exemption from the federal Internal Revenue
Service as an educational or scientific institution or is to be used by a
zoological institution for educational purposes, provided such
specimen is not subsequently sold, offered for sale, traded, bartered or
distributed to any other party that is not a tax exempt museum or
educational or scientific institution; (3) such specimen was imported to
the state by a tax exempt educational or scientific institution for
purposes of research; (4) such specimen of a big six African species is
possessed in the state for the purpose of performing taxidermy services,
provided such specimen is removed from the state not later than
fourteen days following completion of such taxidermy services; or (5)
such specimen of a big six African species is distributed directly to a
legal beneficiary of a trust or to a legal heir provided: (A) Such specimen
was located or possessed by the decedent prior to the effective date of
this section, (B) such beneficiary or heir does not subsequently sell, offer
for sale, trade, barter or distribute such specimen to any other person,
and (C) such beneficiary or heir obtains a certificate of possession from
the Commissioner of Energy and Environmental Protection not later
than one hundred eighty days after receipt of such specimen.
(e) Any specimen of a big six African species and any other property
or item used in connection with a violation of the provisions of this Substitute Senate Bill No. 925
Public Act No. 21-52 3 of 4
section shall be seized and held pending any criminal proceeding
pursuant to this section. In any criminal prosecution pursuant to this
section, secondary evidence, including, but not limited to, photographs,
shall be admissible against the defendant to the same extent as such
specimen would be admissible.
(f) (1) Any person who violates the provisions of this section for (A)
a first offense shall have committed an infraction, unless such person in
good faith at the time of such offense was unaware that he or she was
importing, possessing, selling, offering for sale or transporting any
specimen of a big six African species, or (B) a second offense shall have
committed an infraction if such person previously violated the
provisions of this section, but was not found to have committed an
infraction because he or she in good faith at the time of such previous
offense was unaware that he or she was importing, possessing, selling,
offering for sale or transporting any specimen of a big six African
species.
(2) Any person who subsequently violates the provisions of this
section and whose immediate previous offense for a violation of this
section was an infraction under subdivision (1) of this subsection shall
be guilty of a class B misdemeanor.
(3) Any person who violates the provisions of this section for any
offense subsequent to an offense under subdivision (2) of this subsection
shall be guilty of a class D felony.
(g) Any specimen of a big six African species and any other property
or item that is seized and held pursuant to this section shall be forfeited
and, upon such forfeiture, destroyed if seized from any person who is
found to have violated the provisions of this section or who is restrained
by a judgment from importing, possessing, selling, offering for sale or
transporting any specimen of a big six African species on the grounds
that such activity is or would be a violation of the provisions of this Substitute Senate Bill No. 925
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section. Nothing in this subsection shall be construed to require or
authorize the destruction of a living specimen of a big six African
species.
(h) Nothing in this section shall be construed to apply to the
importing, possessing, selling, offering for sale or transporting of ivory
in this state.
(i) Nothing in this section shall be construed to apply to the
importing, transporting or possessing of a live big six African species by
any zoological institution or circus.
(j) Nothing in this section shall be construed to apply to the
transportation, purchase, exhibition or use of any animal in a motion
picture, television or digital media production by a motion picture,
television or digital media production company that employs or
contracts with a dealer or exhibitor licensed pursuant to 7 USC 2133, as
amended from time to time, or with a carrier, intermediate handler or
unlicensed exhibitor registered under 7 USC 2136, as amended from
time to time, to conduct such transport, purchase, exhibition or use.
Sec. 2. Subsection (d) of section 26-311 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(d) Nothing in section 1 of this act, sections 26-303 to 26-312, inclusive,
or any regulations adopted pursuant to said sections shall prohibit
transportation through this state of any endangered or threatened
species in accordance with the terms of any permit issued under the
laws of another state provided the person in possession of an
endangered or threatened species can prove legal possession of the
species.