Z-439                 _______________________________________________

                                                   SENATE BILL NO. 3397

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Stratton, Vognild, Metcalf and Owen

Read first time 1/29/85 and referred to Committee on Natural Resources.

AN ACT Relating to game and game fish; amending RCW 77.21.070; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 3, chapter 8, Laws of 1983 1st ex. sess. as amended by section 336, chapter 258, Laws of 1984 and RCW 77.21.070 are each amended to read as follows:

          (1) Whenever a person is convicted of illegal hunting or possession of wildlife listed in this subsection, the convicting court shall order the person to reimburse the state in the following amounts for each animal killed or possessed:

!tp1     @i2!sc ,4(a) Moose, antelope, mountain sheep, mountain goat, and all wildlife species classified as endangered by rule of the commission!w×!tr$1,000

          @i2!sc ,4(b) Elk, deer, black bear, and cougar!w×!tr$500

          (2) For the purpose of this section, the term "convicted" includes a plea of guilty, a finding of guilt regardless of whether the imposition of the sentence is deferred or any part of the penalty is suspended, and the payment of a fine.  The term "convicted" also includes an unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court.

          (3) If two or more persons are convicted of illegally hunting or possessing wildlife listed in this section, the reimbursement amount shall be imposed upon them jointly and separately.

          (4) The reimbursement amount provided in this section shall be imposed in addition to and regardless of any penalty, including fines, or costs, that is provided for violating any provision of Title 77 RCW.  The reimbursement required by this section shall be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect.  Nothing in this section may be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.

          (5) A defaulted reimbursement or any installment payment thereof may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including vacation of a deferral of sentencing or of a suspension of sentence.

(6) All moneys derived from reimbursements required under this section shall be remitted within fifteen days after the end of each fiscal quarter to the state treasurer to the credit of the state game fund.

NEW SECTION. Sec. 2.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1985.