2005 Legislation
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SENATE BILL NO. 1032 – Big game animal taking/seasn closed


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Bill Status

S1032..........................................by RESOURCES AND ENVIRONMENT
BIG GAME ANIMALS - Amends existing law to provide that the taking of any
big game animal during a closed season shall be considered a flagrant
violation of the law.
01/20    Senate intro - 1st rdg - to printing
01/21    Rpt prt - to Res/Env
01/31    Rpt out - rec d/p - to 2nd rdg
02/01    2nd rdg - to 3rd rdg
02/07    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Hill, Noble
    Floor Sponsor - Langhorst
    Title apvd - to House
02/08    House intro - 1st rdg - to Res/Con
02/18    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 55-13-2
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bell, Bilbao, Black,
      Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Deal,
      Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
      Hart, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour,
      Martinez, Mathews, Miller, Mitchell, Nonini, Pasley-Stuart, Pence,
      Raybould, Ring, Ringo, Rusche, Rydalch, Sayler, Shepherd(2), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Mr. Speaker
      NAYS -- Barrett, Bayer, Bedke, Crow, Harwood, Loertscher, McKague,
      Moyle, Roberts, Sali, Schaefer, Shepherd(8), Wood
      Absent and excused -- McGeachin, Nielsen
    Floor Sponsor - Jones
    Title apvd - to Senate
02/25    To enrol
02/28    Rpt enrol - Pres signed
03/01    Sp signed
03/02    To Governor
03/07    Governor signed
         Session Law Chapter 34
         Effective: 07/01/05

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                       IN THE SENATE
                                    SENATE BILL NO. 1032
  1                                        AN ACT
  5        TION.
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION 1.  That Section 36-1402, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
 10    LICENSE -- DISPOSITION OF MONEYS.  (a)  Infraction  Penalty.  Any  person  who
 11    pleads  guilty to or is found guilty of an infraction of this code or rules or
 12    proclamations promulgated pursuant thereto, shall be  punished  in  accordance
 13    with the provisions of the Idaho infractions rules.
 14        (b)  Misdemeanor  Penalty. Any person entering a plea of guilty for, found
 15    guilty of or convicted of a misdemeanor under the provisions of this title  or
 16    rules  or  proclamations  promulgated  pursuant thereto shall, except in cases
 17    where a higher penalty is prescribed, be fined in  a  sum  of  not  less  than
 18    twenty-five  dollars  ($25.00)  nor  more  than  one thousand dollars ($1,000)
 19    and/or by commitment to jail for not more than six  (6)  months.  The  minimum
 20    fine,  per animal, fish or bird, for the illegal taking, illegal possession or
 21    the illegal waste of the following animals, fish or birds shall  be  as  indi-
 22    cated below:
 23                   Animal, Fish or Bird                       Minimum Fine
 24        Bighorn sheep, mountain goat and moose                    $500
 25        Elk                                                       $300
 26        Any other big game animal                                 $200
 27        Wild turkey, swan and sturgeon                            $200
 28        Chinook salmon, wild steelhead and bull trout             $100
 29        Any other game bird, game fish or furbearer               $ 25
 30        (c)  Felony  Penalty.  Any  person  entering  a  plea of guilty for, found
 31    guilty of or convicted of a felony under the provisions of this title shall be
 32    punished in accordance with section 18-112, Idaho Code. Provided further, that
 33    the judge hearing the case shall forthwith revoke for life, the hunting, fish-
 34    ing or trapping license and privileges of any person who, within  a  five  (5)
 35    year period, pleads guilty to, is found guilty of or is convicted of three (3)
 36    or more felony violations of the provisions of this title.
 37        (d)  License  Revocation.  Any  person  entering a plea of guilty or being
 38    found guilty or convicted of violating any of the provisions of this title, or
 39    who otherwise fails to comply with the requirements of a citation  in  connec-
 40    tion  with any such offense, may, in addition to any other penalty assessed by
 41    the court, have his hunting, fishing, or trapping privileges revoked for  such
 42    period  of  time  as  may  be  determined by the court not to exceed three (3)
 43    years,  except that violations classified as felonies under  section  36-1401,
  1    Idaho  Code,  or  as  flagrant violations as defined in subsection (e) of this
  2    section, shall authorize the court to impose license revocations  for  periods
  3    of  time  up  to and including life, with said period beginning on the date of
  4    conviction, finding of guilt or the entry of  the  plea  of  guilty.  Provided
  5    further, that the magistrate hearing the case shall forthwith revoke the hunt-
  6    ing,  fishing,  or  trapping  privileges for a period of not less than one (1)
  7    year for any of the following offenses:
  8        1.  Taking or possessing upland game birds, migratory  waterfowl,  salmon,
  9        steelhead, sturgeon, or any big game animal during closed season.
 10        2.  Exceeding  the  daily  bag  or  possession limit of upland game birds,
 11        migratory waterfowl or big game animals.
 12        3.  Taking any fish by unlawful methods as set forth in section  36-902(a)
 13        or (c), Idaho Code.
 14        4.  Unlawfully  purchasing, possessing or using any license, tag or permit
 15        as set forth in section 36-405(c), Idaho Code.
 16        5.  Trespassing in violation of warning signs or  failing  to  depart  the
 17        real  property  of  another  after  notification  as  set forth in section
 18        36-1603, Idaho Code.
 19        6.  The unlawful release of any species of live fish into any public  body
 20        of  water  in  the  state.  For  purposes  of this paragraph, an "unlawful
 21        release of any species of live fish" shall mean a release of  any  species
 22        of live fish, or live eggs thereof, in the state without the permission of
 23        the director of the department of fish and game; provided, that no permis-
 24        sion is required when fish are being freed from a hook and released at the
 25        same  time and place where caught or when crayfish are being released from
 26        a trap at the same time and place where caught.
 27        Provided further, that the magistrate hearing the case  of  a  first  time
 28    hunting  violation offender under the age of twenty-one (21) years may require
 29    that the offender attend a remedial hunter education course at the  offender's
 30    expense.  Upon successful completion of the course, the remainder of the revo-
 31    cation period shall be subject to a withheld judgment so long as the  offender
 32    is  not  convicted of any additional hunting violations during the period. The
 33    cost of the course shall be seventy-five dollars ($75.00) to be  paid  to  the
 34    department.  The  commission  shall  establish  by  rule the curriculum of the
 35    hunter education remedial course.
 36        The revocation shall consist of cancellation of an  existing  license  for
 37    the  required  length  of time and/or denial of the privilege of purchasing an
 38    applicable license for the length of time  required  to  meet  the  revocation
 39    period  decreed.  In  the  case of persons pleading guilty, convicted or found
 40    guilty of committing multiple offenses, the revocation periods may run consec-
 41    utively. In the case of pleas of guilty,  convictions  or  findings  of  guilt
 42    involving  taking big game animals during closed season or exceeding the daily
 43    bag or possession limit of big game, the magistrate  hearing  the  case  shall
 44    revoke  the hunting, fishing or trapping privileges of any person convicted or
 45    found guilty of those offenses for a period of not less than one (1) year  for
 46    each  big  game animal illegally taken or possessed by the person convicted or
 47    found guilty.
 48        It shall be a misdemeanor for any person to hunt, fish, or  trap  or  pur-
 49    chase a license to do so during the period of time for which such privilege is
 50    revoked.
 51        For  the  purpose of this title, the term "conviction" shall mean either a
 52    withheld judgment or a final conviction.
 53        (e)  Flagrant Violations. In addition to any other penalties  assessed  by
 54    the court, the magistrate hearing the case shall forthwith revoke the hunting,
 55    fishing  or    trapping privileges, for a period of not less than one (1) year
  1    and may revoke the privileges for a period up to and  including  the  person's
  2    lifetime,  for any person who enters a plea of guilty, who is found guilty, or
  3    who is convicted of any of the following flagrant violations:
  4        1.  Taking a big game animal after sunset by  spotlighting,  with  use  of
  5        artificial light, or with a night vision enhancement device.
  6        2.  Unlawfully  taking  two  (2)  or more big game animals within a twelve
  7        (12) month period.
  8        3.  Taking a big game animal with a rimfire or centerfire cartridge  fire-
  9        arm during an archery or muzzleloader only hunt.
 10        4.  Hunting, fishing, trapping or purchasing a license when license privi-
 11        leges have been revoked pursuant to this section or section 36-1501, Idaho
 12        Code.
 13        5.  Taking  any  big  game animal during a closed season. when there is no
 14        established take season open anywhere in the state for that species of big
 15        game.
 16        6.  Any felony violation provided in section 36-1401, Idaho Code.
 17        (f)  For purposes of the wildlife violator compact, section 36-2301, Idaho
 18    Code, et seq., the department shall:
 19        1.  Suspend a violator's license for failure to comply with the terms of a
 20        citation from a party state. A copy of a report of failure to comply  from
 21        the licensing authority of the issuing state shall be conclusive evidence.
 22        2.  Revoke  a  violator's  license  for  a  conviction in a party state. A
 23        report of conviction from the licensing authority  of  the  issuing  state
 24        shall be conclusive evidence.
 25        (g)  Disposition  of Fines and Forfeitures. Distribution of fines and for-
 26    feitures remitted shall be in accordance with section 19-4705, Idaho Code.

Statement of Purpose / Fiscal Impact

                      STATEMENT  OF  PURPOSE
                             RS 14472

Many overt poaching incidents that are obviously flagrant acts by 
any other definition of “flagrancy” will be treated as if they 
were simple violations.  The change will close a loop hole that 
enables poachers that have committed an overt, intentional act of 
poaching to be treated the same in court as a violator that 
committed much less of an intentional act.

For example, if a person poaches a deer in Unit 29 in December, 
(the season has been closed for at least a month), it is not a 
“flagrant violation” since there is an ongoing archery season in 
Unit 28. 

                            FISCAL  IMPACT

Minimal if any fiscal impact.  The sportsmen of Idaho will be 
positively affected by stiffer penalties for serious offenders.  
Violators may think twice about poaching.

Name:		Steve Barton
Agency:		Fish and Game, Dept. of
Phone:		287-2798

Statement of Purpose/Fiscal Impact	                S 1032