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SENATE BILL NO. 1380

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Bill Status

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S1380......................................................by STATE AFFAIRS
FISH AND GAME OFFENSES - Amends existing law to provide that prosecutions
for specified fish and game misdemeanor offenses must be commenced within
five years after commission of the offenses.
                                                                        
02/19    Senate intro - 1st rdg - to printing
02/20    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. 1380
                                                                        
                                 BY STATE AFFAIRS 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 FIVE 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 five (25) years after its commission for any of the follow-
 12    ing offenses:
 13        (a)  Unlawfully taking or possessing any  big  game  animal,  caribou,  or
 14    grizzly bear.
 15        (b)  The  unlawful  sale  or  purchase of wildlife as set forth in section
 16    36-501, Idaho Code.
 17        (c)  Unlawfully purchasing, possessing or using any license, tag or permit
 18    by any person who does not reside in the state of Idaho at the  time  of  pur-
 19    chase.
 20    The  prosecution for all other misdemeanors under this title must be commenced
 21    as provided in section 19-403, Idaho Code.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 14147

This bill extends the statute of limitation to five (5) years for
prosecution of certain fish and game misdemeanor offenses.  Often
the investigation of these offenses takes longer than the current
two year limitation.  The extension 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 1380