SENATE BILL NO. 1387

2006 Legislation

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SENATE BILL NO. 1387 – F&G violatn, certain/prosecutn/time

View Statement of Purpose / Fiscal Impact

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Bill Status


S1387..........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME - Amends existing law to provide that a prosecution for
misdemeanors under the provisions of the Fish and Game Code must be
commenced by the issuance of a citation or filing of a complaint within
five years after its commission for unlawfully taking or possessing any big
game animal, caribou or grizzly bear.
                                                                        
02/13    Senate intro - 1st rdg - to printing
02/14    Rpt prt - to Res/Env
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/02    3rd rdg - to 14th Ord

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1387
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO STATUTE OF LIMITATIONS FOR FISH AND GAME VIOLATION; AMENDING  SEC-
  3        TION  36-1406,  IDAHO CODE, TO PROVIDE THAT A PROSECUTION FOR MISDEMEANORS
  4        UNDER THE PROVISIONS OF THE FISH AND GAME CODE MUST BE  COMMENCED  BY  THE
  5        ISSUANCE  OF  A  CITATION OR FILING OF A COMPLAINT WITHIN FIVE YEARS AFTER
  6        ITS COMMISSION FOR UNLAWFULLY TAKING OR POSSESSING ANY  BIG  GAME  ANIMAL,
  7        CARIBOU OR GRIZZLY BEAR.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 36-1406, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        36-1406.  STATUTE OF LIMITATION FOR MISDEMEANORS. (1) Notwithstanding  any
 12    other provision of law, a prosecution for misdemeanors under the provisions of
 13    this title must be commenced by the issuance of a citation or filing of a com-
 14    plaint  within  two  (2)  years  after its commission for any of the following
 15    offenses:
 16        (a)  Unlawfully taking or possessing any  big  game  animal,  caribou,  or
 17        grizzly bear.
 18        (b)  The  unlawful  sale  or  purchase of wildlife as set forth in section
 19        36-501, Idaho Code.
 20        (cb)  Unlawfully purchasing, possessing or using any license, tag or  per-
 21        mit by any person who does not reside in the state of Idaho at the time of
 22        purchase.
 23        (2)  Notwithstanding  any other provision of law, a prosecution for misde-
 24    meanors under the provisions of this title must be commenced by  the  issuance
 25    of a citation or filing of a complaint within five (5) years after its commis-
 26    sion  for  unlawfully  taking  or  possessing  any big game animal, caribou or
 27    grizzly bear.
 28        (3)  The prosecution for all other misdemeanors under this title  must  be
 29    commenced as provided in section 19-403, Idaho Code.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                                 
                             RS 15674
                                 
This legislation amends Title 36 of Idaho Code to increase the statute
of limitations for poaching violations involving the unlawful take of
big game animals, caribou or grizzly bears, from two years to five
years.




                          FISCAL IMPACT
                                 
                                 
                                 
          There is minimal to no impact to the general fund.
     




Contact
Name: Sen. David Langhorst  332 1348


STATEMENT OF PURPOSE/FISCAL NOTE                            S 1387