[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5242 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5242

 To amend title 18, United States Code, to prohibit certain interstate 
                  conduct relating to captive mammals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2004

   Mr. Farr (for himself, Mr. Shays, Mr. Leach, Ms. Baldwin, Mr. Van 
 Hollen, Mr. Blumenauer, Mr. George Miller of California, Ms. Lee, Mr. 
Wexler, Mr. Greenwood, Ms. Solis, Ms. Eshoo, Mr. Sherman, Mr. Moran of 
    Virginia, Mr. Berman, Mr. Honda, Mr. Grijalva, Mr. Nadler, Mrs. 
   Maloney, Mr. Evans, Mr. Ackerman, and Mr. Inslee) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to prohibit certain interstate 
                  conduct relating to captive mammals.

    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 Mammal Protection Act of 
2004''.

SEC. 2. TRANSPORT OR POSSESSION OF CAPTIVE MAMMALS 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. 49. Captive mammals
    ``(a) Prohibition.--Whoever, in or affecting interstate or foreign 
commerce, knowingly transfers, transports, or possesses a captive 
mammal, for the purposes of allowing the killing or injuring of that 
mammal 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 `captive mammal' means a mammal that has 
        been held in captivity, whether or not the defendant knows the 
        length of the captivity, for the shorter of--
                    ``(A) the majority of the animal's life; or
                    ``(B) a period of 1 year; and
            ``(2) the term `captivity' does not include any period 
        during which an animal lives as it would in the wild--
                    ``(A) surviving primarily by foraging for naturally 
                occurring food;
                    ``(B) roaming at will over an open area of not less 
                than 1,000 acres; and
                    ``(C) having the opportunity to avoid hunters.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 3 of title 18, United States Code, is amended by adding at 
the end the following new item:

``49 Captive mammals.''.
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