A BILL TO BE ENTITLED
AN ACT to amend the law regulating the use of certain reptiles.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 55 of Chapter 14 of the General Statutes reads as rewritten:
"Article 55.
" Regulation of  Certain Reptiles.
"§ 14‑416.  Handling of poisonous reptiles declared public nuisance and criminal offense.
The intentional or negligent exposure of other human beings to contact with  venomous reptiles, with large constricting snakes, or with crocodilians being essentially dangerous and injurious and detrimental to public health, safety and welfare, the indulgence in and inducement to such exposure is hereby declared to be a public nuisance and a criminal offense, to be abated and punished as provided in this Article.
"§ 14‑417.  Regulation of ownership or use of  venomous reptiles.
It shall be unlawful for any person to own, possess, use, transport, or traffic in any venomous reptile  that is not housed in a sturdy and secure enclosure. Permanent enclosures shall be designed to be escape‑proof, bite‑proof, and have an operable lock. Each enclosure shall be clearly and visibly labeled 'Venomous Reptile Inside' with scientific name, common name, appropriate anti‑venom, and owner's identifying information noted on the container. Transport containers shall be designed to be escape‑proof and bite‑proof. A written bite protocol that includes emergency contact information, local animal control office, the name and location of suitable anti‑venom, first aid procedures and treatment guidelines, as well as an escape recovery plan must be within sight of permanent housing, and a copy must accompany the transport of any venomous reptile. In the event of an escape of a venomous reptile, the owner or possessor of the venomous reptile shall immediately notify local law enforcement.
"§ 14‑417.1.  Regulation of ownership or use of large constricting snakes.
As used in this Article, large constricting snakes shall mean: Reticulated Python, Python reticulates; Burmese Python, Python molurus; African Rock Python, Python sebae; Amethystine Python, Morelia amethistina; and Green Anaconda, Eunectes murinus; or any of their subspecies or hybrids. It shall be unlawful for any person to own, possess, use, transport, or traffic in any of the large constricting snakes that are not housed in a sturdy and secure enclosure. Permanent enclosures shall be designed to be escape‑proof and shall have an operable lock. Each enclosure shall be labeled clearly and visibly with the scientific name, common name, number of specimens, and owner's identifying information. Transport containers shall be designed to be escape proof. A written safety protocol and escape recovery plan shall be within sight of permanent housing and a copy shall accompany the transport of any of the large constricting snakes. The safety protocol shall include emergency contact information, identification of the local animal control office, and first aid procedures. In the event of an escape of a large constricting snake, the owner or possessor shall immediately notify local law enforcement.
"§ 14‑417.2.  Regulation of ownership or use of crocodilians.
All crocodilians, excluding the American alligator, shall be regulated under this Article. It shall be unlawful for any person to own, possess, use, transport, or traffic in any crocodilian that is not housed in a sturdy and secure enclosure. Permanent enclosures shall be designed to be escape‑proof and have a fence of sufficient strength to prevent contact between an observer and the crocodilian and shall have an operable lock. Transport containers shall be designed to be escape-proof. A written safety protocol and escape recovery plan shall be within sight of permanent housing and a copy must accompany the transport of any crocodilian. In the event of the escape of a crocodilian, the owner or possessor shall immediately notify local law enforcement.
"§ 14‑418.  Prohibited handling of reptiles or suggesting or inducing others to handle.
It shall be unlawful for any person to intentionally handle any reptile of a  species regulated under this Article in a manner that intentionally or negligently exposes another individual to unsafe contact with such reptile. It shall also be unlawful for any person to intentionally suggest, entice, invite, challenge, intimidate, exhort or otherwise induce or aid any person to handle or expose himself to any  reptile of a species regulated under this Article in any manner  that intentionally or negligently exposes another individual to unsafe contact with such reptile. Safe and responsible handling of reptiles for purposes of animal husbandry, training, transport, and education is permitted.
"§ 14‑418.1.  Registration of reptiles.
The owner of any venomous reptile, large constricting snake, or crocodilian, as defined in this Article, shall register the location of the reptile's housing with local law enforcement. Registration shall be made by December 1, 2010, and shall be updated on an annual basis, and within 30 days of any change in the location of the reptile's housing. Local law enforcement may charge an annual registration fee not to exceed fifty dollars ($50.00) per housing location of reptiles named in this Article.
"§ 14‑419.  Investigation of suspected violations; seizure and examination of reptiles; disposition of reptiles.
In any case in which any law‑enforcement officer or animal control officer has reasonable grounds to believe that any of the provisions of this Article have been or are about to be violated, it shall be the duty of such officer and he is hereby authorized, empowered, and directed to immediately investigate such violation or impending violation and to forthwith seize the reptile or reptiles involved, and all such officers are hereby authorized and directed to deliver such reptiles to the North Carolina State Museum of Natural Sciences or to its designated representative for examination  for the purpose of ascertaining whether the reptiles  are venomous reptiles, large constricting snakes, or crocodilians subject to this Article. If the North Carolina State Museum of Natural Sciences or its designated representative finds that  a seized reptile is a venomous reptile, large constricting snake, or crocodilian subject to this Article, the North Carolina State Museum of Natural Sciences or its designated representative shall be empowered to  determine final disposition of  the reptile in a manner consistent with the safety of the public; but if the Museum or its designated representative find that the  reptile is not a venomous reptile, large constricting snake, or crocodilian subject to this Article, and either no criminal warrants or indictments are initiated in connection with the reptile within 10 days of initial seizure, or a court of law determines that the reptile is not being owned, possessed, used, transported, or trafficked in violation of this Article, then it shall be the duty of  the law enforcement officers to return the the reptile to the person from whom they were seized within five days.
"§ 14‑420.  Arrest of persons violating provisions of Article.
If the examination  made by the North Carolina State Museum of Natural Sciences  as provided herein  shows that  the reptile is a venomous reptile, large constricting snake, or crocodilian, it shall be the duty of the officers making the  seizure with probable cause to believe that the reptile is being owned, possessed, used, transported, or trafficked in violation of this Article, in addition to  authorizing the North Carolina Museum of Natural Sciences or its designated representative to determine final disposition of the reptile, also to arrest all persons violating any of the provisions of this Article.
"§ 14‑421.  Exemptions from provisions of Article.
This Article shall not apply to the possession, exhibition, or handling of reptiles by employees or agents of duly constituted museums, laboratories, educational or scientific institutions in the course of their educational or scientific work.
"§ 14‑422.   Criminal penalties and civil remedies for violation.
(a)	Any person violating any of the provisions of this Article shall be guilty of a Class 2 misdemeanor.
(b)	If a person other than the owner of a venomous reptile, large constricting snake, or crocodilian, or other than the owners' agent or agents, suffers a life threatening injury or is killed as the result of a violation of this Article, the owner shall be guilty of a Class I felony.
(c)	Any person intentionally releasing into the wild a nonnative venomous reptile, a large constricting snake, or a crocodilian shall be guilty of a Class 1 misdemeanor.
(d) 	A violation of this Article subject to the provisions of subsection (b) or (c) of this section shall constitute wanton conduct within the meaning of G.S. 1D‑5(7) and subject the violator to punitive damages in any civil action that may be filed as a result of the violator's actions."
SECTION 2.  This act becomes effective December 1, 2009, and applies to offenses committed on or after that date.