2007 Legislation
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SENATE BILL NO. 1022 – Felony, homicide, no hunting licens


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Bill Status

S1022..........................................................by JORGENSON
HUNTING - Amends existing law relating to hunting to provide for the
revocation of hunting privileges based upon certain felony convictions
relating to homicide.
01/18    Senate intro - 1st rdg - to printing
01/19    Rpt prt - to Jud
02/01    Rpt out - rec d/p - to 2nd rdg
02/02    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 26-7-2
      AYES -- Andreason, Bastian, Bilyeu, Burkett, Corder, Darrington,
      Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson,
      Kelly, Keough, Langhorst, Lodge, McGee, McKague, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Werk
      NAYS -- Bair, Broadsword, Cameron, Little, Malepeai, McKenzie,
      Absent and excused -- Coiner, Davis
    Floor Sponsor - Jorgenson
    Title apvd - to House
02/09    House intro - 1st rdg - to Res/Con

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                       IN THE SENATE
                                    SENATE BILL NO. 1022
                                        BY JORGENSON
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 36-1402, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  9    LICENSE -- DISPOSITION OF MONEYS.  (a)  Infraction  Penalty.  Any  person  who
 10    pleads  guilty to or is found guilty of an infraction of this code or rules or
 11    proclamations promulgated pursuant thereto, shall be  punished  in  accordance
 12    with the provisions of the Idaho infractions rules.
 13        (b)  Misdemeanor  Penalty. Any person entering a plea of guilty for, found
 14    guilty of or convicted of a misdemeanor under the provisions of this title  or
 15    rules  or  proclamations  promulgated  pursuant thereto shall, except in cases
 16    where a higher penalty is prescribed, be fined in  a  sum  of  not  less  than
 17    twenty-five  dollars  ($25.00)  nor  more  than  one thousand dollars ($1,000)
 18    and/or by commitment to jail for not more than six  (6)  months.  The  minimum
 19    fine,  per animal, fish or bird, for the illegal taking, illegal possession or
 20    the illegal waste of the following animals, fish or birds shall  be  as  indi-
 21    cated below:
 22                   Animal, Fish or Bird                       Minimum Fine
 23        Bighorn sheep, mountain goat and moose                    $500
 24        Elk                                                       $300
 25        Any other big game animal                                 $200
 26        Wild turkey, swan and sturgeon                            $200
 27        Chinook salmon, wild steelhead and bull trout             $100
 28        Any other game bird, game fish or furbearer               $ 25
 29        (c)  Felony  Penalty.  Any  person  entering  a  plea of guilty for, found
 30    guilty of or convicted of a felony under the provisions of this title shall be
 31    punished in accordance with section 18-112, Idaho Code. Provided further, that
 32    the judge hearing the case shall forthwith revoke for life, the hunting, fish-
 33    ing or trapping license and privileges of any person who:,
 34        1.  Wwithin a five (5) year period, pleads guilty to, is found  guilty  of
 35        or  is  convicted of three (3) or more felony violations of the provisions
 36        of this title; or
 37        2.  Pleads guilty to, is found guilty of  or  is  convicted  of  a  felony
 38        violation  under the provisions of chapter 40, title 18, Idaho Code, where
 39        such violation was committed by the person while  exercising  his  or  her
 40        hunting privileges.
 41        (d)  License  Revocation.  Any  person  entering a plea of guilty or being
 42    found guilty or convicted of violating any of the provisions of this title, or
 43    who otherwise fails to comply with the requirements of a citation  in  connec-
  1    tion  with any such offense, may, in addition to any other penalty assessed by
  2    the court, have his hunting, fishing, or trapping privileges revoked for  such
  3    period  of  time  as  may  be  determined by the court not to exceed three (3)
  4    years, except that violations classified as felonies  under  section  36-1401,
  5    Idaho  Code,  or  as  flagrant violations as defined in subsection (e) of this
  6    section, shall authorize the court to impose license revocations  for  periods
  7    of  time  up  to and including life, with said period beginning on the date of
  8    conviction, finding of guilt or the entry of  the  plea  of  guilty.  Provided
  9    further, that the magistrate hearing the case shall forthwith revoke the hunt-
 10    ing,  fishing,  or  trapping  privileges for a period of not less than one (1)
 11    year for any of the following offenses:
 12        1.  Taking or possessing upland game birds, migratory  waterfowl,  salmon,
 13        steelhead, sturgeon, or any big game animal during closed season.
 14        2.  Exceeding  the  daily  bag  or  possession limit of upland game birds,
 15        migratory waterfowl or big game animals.
 16        3.  Taking any fish by unlawful methods as set forth in section  36-902(a)
 17        or (c), Idaho Code.
 18        4.  Unlawfully  purchasing, possessing or using any license, tag or permit
 19        as set forth in section 36-405(c), Idaho Code.
 20        5.  Trespassing in violation of warning signs or  failing  to  depart  the
 21        real  property  of  another  after  notification  as  set forth in section
 22        36-1603, Idaho Code.
 23        6.  The unlawful release of any species of live fish into any public  body
 24        of  water  in  the  state.  For  purposes  of this paragraph, an "unlawful
 25        release of any species of live fish" shall mean a release of  any  species
 26        of live fish, or live eggs thereof, in the state without the permission of
 27        the director of the department of fish and game; provided, that no permis-
 28        sion is required when fish are being freed from a hook and released at the
 29        same  time and place where caught or when crayfish are being released from
 30        a trap at the same time and place where caught.
 31        Provided further, that the magistrate hearing the case  of  a  first  time
 32    hunting  violation offender under the age of twenty-one (21) years may require
 33    that the offender attend a remedial hunter education course at the  offender's
 34    expense.  Upon successful completion of the course, the remainder of the revo-
 35    cation period shall be subject to a withheld judgment so long as the  offender
 36    is  not  convicted of any additional hunting violations during the period. The
 37    cost of the course shall be seventy-five dollars ($75.00) to be  paid  to  the
 38    department.  The  commission  shall  establish  by  rule the curriculum of the
 39    hunter education remedial course.
 40        The revocation shall consist of cancellation of an  existing  license  for
 41    the  required  length  of time and/or denial of the privilege of purchasing an
 42    applicable license for the length of time  required  to  meet  the  revocation
 43    period  decreed.  In  the  case of persons pleading guilty, convicted or found
 44    guilty of committing multiple offenses, the revocation periods may run consec-
 45    utively. In the case of pleas of guilty,  convictions  or  findings  of  guilt
 46    involving  taking big game animals during closed season or exceeding the daily
 47    bag or possession limit of big game, the magistrate  hearing  the  case  shall
 48    revoke  the hunting, fishing or trapping privileges of any person convicted or
 49    found guilty of those offenses for a period of not less than one (1) year  for
 50    each  big  game animal illegally taken or possessed by the person convicted or
 51    found guilty.
 52        It shall be a misdemeanor for any person to hunt, fish, or  trap  or  pur-
 53    chase a license to do so during the period of time for which such privilege is
 54    revoked.
 55        For  the  purpose of this title, the term "conviction" shall mean either a
  1    withheld judgment or a final conviction.
  2        (e)  Flagrant Violations. In addition to any other penalties  assessed  by
  3    the court, the magistrate hearing the case shall forthwith revoke the hunting,
  4    fishing or trapping privileges, for a period of not less than one (1) year and
  5    may  revoke the privileges for a period up to and including the person's life-
  6    time, for any person who enters a plea of guilty, who is found guilty, or  who
  7    is convicted of any of the following flagrant violations:
  8        1.  Taking  a  big  game  animal after sunset by spotlighting, with use of
  9        artificial light, or with a night vision enhancement device.
 10        2.  Unlawfully taking two (2) or more big game  animals  within  a  twelve
 11        (12) month period.
 12        3.  Taking  a big game animal with a rimfire or centerfire cartridge fire-
 13        arm during an archery or muzzleloader only hunt.
 14        4.  Hunting, fishing, trapping or purchasing a license when license privi-
 15        leges have been revoked pursuant to this section or section 36-1501, Idaho
 16        Code.
 17        5.  Taking any big game animal during a closed season.
 18        6.  Any felony violation provided in section 36-1401, Idaho Code.
 19        (f)  For purposes of the wildlife violator compact, section 36-2301, Idaho
 20    Code, et seq., the department shall:
 21        1.  Suspend a violator's license for failure to comply with the terms of a
 22        citation from a party state. A copy of a report of failure to comply  from
 23        the licensing authority of the issuing state shall be conclusive evidence.
 24        2.  Revoke  a  violator's  license  for  a  conviction in a party state. A
 25        report of conviction from the licensing authority  of  the  issuing  state
 26        shall be conclusive evidence.
 27        (g)  Disposition  of Fines and Forfeitures. Distribution of fines and for-
 28    feitures remitted shall be in accordance with section 19-4705, Idaho Code.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 16619

Relating to hunting licenses; amending Section 36-1402, Idaho
Code, to provide for the revocation of hunting privileges based
upon certain felony convictions relating to homicide and to
remove an obsolete term.

                           FISCAL NOTE


Name: Senator Mike Jorgenson 
Phone: (208) 332-1344

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1022