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S1129..........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME - Amends existing law relating to fish and game to provide
for the confiscation and sale of certain conveyances.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Res/Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1129
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1304, IDAHO CODE, TO PROVIDE
3 FOR THE CONFISCATION AND SALE OF CERTAIN CONVEYANCES AND TO MAKE TECHNICAL
4 CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 36-1304, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 36-1304. SEIZURE OF EQUIPMENT AND WILDLIFE. (a1) Seizure of Evidence --
9 Confiscation of Unlawfully Used Equipment and Conveyances. The director and
10 all other officers empowered to enforce fish and game laws are hereby autho-
11 rized at any time to seize and hold as evidence any powder, explosives, lime,
12 toxicants, drugs, spears, traps, snares, guns, tackle, nets, seines or any
13 other hunting, trapping or fishing equipment or devices used in the commission
14 of a violation of any provisions of this title or rules or proclamations pro-
15 mulgated pursuant thereto, provided that all lawful traps, guns, spears,
16 tackle, nets and seines taken from the possession of any person arrested for a
17 violation of this title and held as evidence in any prosecution resulting from
18 such arrest shall not be subject to confiscation but the same shall be
19 returned to the person from whom taken when no longer needed as evidence. Pro-
20 vided, however,:
21 (a) iIf it appears from the evidence before the magistrate hearing the
22 case that the powder, explosives, lime, toxicants, drugs, or other unlaw-
23 ful means and devices were used or were about to be used for the unlawful
24 taking or killing of wildlife, said magistrate shall order the same con-
25 fiscated and sold by the director at public sale, the proceeds therefrom
26 turned into the fish and game account.
27 (b) If it appears from the evidence before the magistrate hearing the
28 case that any conveyances, including aircraft, vehicles, or vessels, which
29 are used, or intended for use, to transport, or in any manner to facili-
30 tate the transportation, delivery, receipt, possession or concealment, of
31 any powder, explosives, lime, toxicants, drugs, spears, traps, snares,
32 guns, tackle, nets, seines or any other hunting, trapping or fishing
33 equipment or devices used in the commission of a felony violation of any
34 provisions of this title, said magistrate shall order the same confiscated
35 and sold by the director at public sale, the proceeds therefrom turned
36 into the fish and game account.
37 (c) Any guns, fishing tackle, nets, traps or other equipment used in the
38 taking of wildlife unlawfully and for which no lawful owner can be deter-
39 mined or any such equipment seized as evidence in a case and for which an
40 owner is known, if not claimed within six (6) months following the final
41 disposition of the case in question, shall be deemed to be the property of
42 the fish and game department; provided, that this shall not occur unless
43 written notice is given to the lawful owner, when known, by registered
2
1 mail to his last known address within thirty (30) days after the final
2 disposition of the case. Equipment so obtained may be sold by the depart-
3 ment unless it would be unlawful for the general public to own or possess
4 such equipment. Any proceeds from the sale of such equipment that would be
5 lawful for the general public to own or possess, shall be deposited in the
6 fish and game account.
7 (b2) Unlawfully Taken Wildlife -- Seizure, Confiscation, Disposition.
8 The director or any other officer empowered to enforce the fish and game laws
9 may at any time seize and take into his custody any wildlife or any portion
10 thereof which may have been taken unlawfully, or which may be unlawfully in
11 the possession of any person. If it appears from the evidence before the mag-
12 istrate hearing the case that said wildlife was unlawfully taken, the magis-
13 trate shall:
14 1.(a) Order the same confiscated or sold by the director and the proceeds
15 deposited in the fish and game account; or
16 2.(b) In his discretion, order such confiscated wildlife given to a des-
17 ignated tax-supported, nonprofit or charitable institution or indigent
18 person.
19 (c3) Unclaimed Wildlife -- Seizure, Disposition. All carcasses, hides,
20 pelts or portions of any wildlife protected by the provisions of this title
21 which are deemed to be unclaimed or abandoned may be seized by the director or
22 any other officer empowered to enforce game laws and, upon being so seized,
23 the director shall:
24 1.(a) Sell same at public or private sale and deposit the proceeds there-
25 from in the fish and game account.
26 2.(b) In his discretion, order such wildlife to be given to a designated
27 tax-supported nonprofit or charitable institution or indigent person.
28 (d4) Receipt Required. A written receipt must be executed for all equip-
29 ment or wildlife disposed of in accordance with the provisions of this sec-
30 tion.
STATEMENT OF PURPOSE
RS 16977
This legislation amends Title 36 of Idaho Code to provide for the
seizure of conveyances used in the commission of felony fish and
game violations.
FISCAL IMPACT
There is no impact to the general fund.
Contact
Name: Sen. David Langhorst 332-1352
STATEMENT OF PURPOSE/FISCAL NOTE S 1129