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SENATE BILL NO. 1366

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Bill Status

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S1366..........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME OFFENSES - Amends existing law to provide that prosecutions
for specified fish and game misdemeanor offenses must be commenced within
three years after commission of the offenses.
                                                                        
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Res/Env

Bill Text

                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1366
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FISH AND GAME; AMENDING SECTION 36-1406, IDAHO  CODE,  TO  PROVIDE
  3        THAT PROSECUTIONS FOR SPECIFIED FISH AND GAME MISDEMEANOR OFFENSES MUST BE
  4        COMMENCED WITHIN THREE YEARS AFTER COMMISSION OF THE OFFENSES.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 36-1406, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        36-1406.  STATUTE OF  LIMITATION  FOR  MISDEMEANORS.  Notwithstanding  any
  9    other provision of law, a prosecution for misdemeanors under the provisions of
 10    this title must be commenced by the issuance of a citation or filing of a com-
 11    plaint  within  two three  (23) years after its commission for any of the fol-
 12    lowing offenses:
 13        (a)  Unlawfully taking or possessing any  big  game  animal,  caribou,  or
 14    grizzly  bear  All  violations  with a mandatory minimum license revocation as
 15    provided in section 36-1402(d), Idaho Code.
 16        (b)  The unlawful sale or purchase of wildlife as set forth in All  viola-
 17    tions defined as flagrant violations by section 36-501 36-1402(e), Idaho Code.
 18        (c)  Unlawfully purchasing, possessing or using any license, tag or permit
 19    by  any  person  who does not reside in the state of Idaho at the time of pur-
 20    chase.
 21    The prosecution for all other misdemeanors under this title must be  commenced
 22    as provided in section 19-403, Idaho Code.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                                 
                             RS 14003
                                 
This bill extends the statute of limitation for prosecution of
certain fish and game misdemeanor offenses. Often the investigation
of these offenses takes longer than the current two year
limitation. The added year allows extra time to complete the
investigation so that the effort spent is not wasted and the case
can be completed successfully.




                          FISCAL IMPACT
                                 
There is no fiscal impact on the general fund.





Contact
Name: Senator Clint Stennett
Phone: 208-332-1351


STATEMENT OF PURPOSE/FISCAL NOTE                         S 1366