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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,
Siddoway
Absent and excused -- Coiner, Davis
Floor Sponsor - Jorgenson
Title apvd - to House
02/09 House intro - 1st rdg - to Res/Con
]]]] 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
2 RELATING TO HUNTING LICENSES; AMENDING SECTION 36-1402, IDAHO CODE, TO PROVIDE
3 FOR THE REVOCATION OF HUNTING PRIVILEGES BASED UPON CERTAIN FELONY CONVIC-
4 TIONS RELATING TO HOMICIDE AND TO REMOVE AN OBSOLETE TERM.
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:
8 36-1402. PENALTY -- INFRACTION -- MISDEMEANOR -- FELONY -- REVOCATION OF
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-
2
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
3
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
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
None
Contact
Name: Senator Mike Jorgenson
Phone: (208) 332-1344
STATEMENT OF PURPOSE/FISCAL NOTE S 1022