§ 12005. — 12005. (Amended by Stats. 2011, Ch. 15, Sec. 117.)

(a)
Notwithstanding Section 12000, and except as otherwise provided in subdivision (c), the punishment for each violation of Section 4758 shall include both of the following:
(1)
A fine of two hundred fifty dollars ($250) for each bear part. As used in this paragraph, “bear part” means an individual part or group of like parts of any bear that the defendant knowingly and unlawfully sells, purchases, or possesses for sale. For the purposes of this paragraph, claws, paws, or teeth from a single bear that are knowingly purchased, sold, or possessed for sale with the intent that they be delivered to a single end user shall be considered a single part.
(2)
An additional fine of not more than five thousand dollars ($5,000), imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, or both that fine and imprisonment.
(b)
If the conviction is for the possession of two bear gallbladders and probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that a minimum term of 30 days shall be served in a county jail.
(c)
(1)
The possession of three or more bear gallbladders is punishable by both of the following:
(A)
The fine specified in paragraph (1) of subdivision (a).
(B)
An additional fine of not more
than ten thousand dollars ($10,000), imprisonment in a county jail for not more than one year, or both that fine and imprisonment.
(2)
If probation is granted, or the execution or imposition of sentence is suspended, it shall be a condition thereof that a minimum term of three months shall be served in a county jail.
(d)
Consecutive sentences shall be imposed for separate violations of this section.

Legislative History

Amended by Stats. 2011, Ch. 15, Sec. 117. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.