Print Friendly SENATE BILL NO. 1380 – F&G offenses, statute of limitation
SENATE BILL NO. 1380
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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
]]]] 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-
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
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.
There is no fiscal impact on the general fund.
Name: Senator Clint Stennett
STATEMENT OF PURPOSE/FISCAL NOTE S 1380