HOUSE BILL REPORT

ESSB 5819

As Amended by the House

BYSenate Committee on Environment and Natural Resources (originally sponsored by Senators Metcalf, Owen, Rasmussen and Bauer)

Increasing the penalties for poaching, including seizure and forfeiture of certain personal property.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (17)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Patrick, Scott, D. Sommers, Tate and Wineberry.

House Staff:Pat Shelledy (786-7149)

AS PASSED HOUSE APRIL 11, 1989

BACKGROUND:

Wildlife poachers use a variety of vehicles and equipment to help them poach wildlife. The department of wildlife may seize poached wildlife or devices that department officials believe poachers used or intended to use to poach wildlife. A court may forfeit the wildlife and devices following a criminal or civil action if it is proven that the wildlife was poached or if the defendant used or intended to use the devices illegally. The law does not specify who bears the burden of proof.

If a person is convicted of violating the wildlife rules or laws, a court may forfeit the person's license.  Upon a subsequent conviction, forfeiture is mandatory. The director of the wildlife commission may prohibit issuance of a license to a person convicted of two or more offenses.

SUMMARY:

The laws governing seizure and forfeiture of poached wildlife and devices used in poaching are expanded and clarified.  Wildlife agents may seize without a warrant wildlife that wildlife agents have probable cause to believe have been poached.  Agents may also seize without a warrant boats, vehicles, all conveyances, airplanes, gear, appliances, motorized implements or other articles agents have probable cause to believe are held with intent to violate or were used to violate regulations concerning certain species protected by the wildlife statutes.

Wildlife agents may only seize evidence if the agent believes under the circumstances, that the violation was inadvertent.  The current seizure statute is repealed.

The articles seized shall be forfeited to the state upon conviction, plea or bail forfeiture.  The owner may recover the articles by depositing into court a cash bond equal to the value of the property.

The seizing authority shall provide notice of the seizure to the owner of the property within 15 days following seizure. If no one claims the property within 45 days of the seizure, the property will be forfeited. A person claiming ownership of the property has a right to a hearing before the wildlife department, an administrative law judge or before a court. The administrative procedures act governs appeals from department hearings.  The burden of proof is upon the person claiming lawful ownership. If an owner shows that the alleged illegal act was done without the owner's knowledge then the state may not forfeit the property.  Property subject to a bona fide security interest is subject to that interest if the secured party lacked knowledge of the illegal use of the property.

The department may keep the property, or sell the property and deposit the proceeds into the state wildlife fund.

The director of the wildlife commission, the department of wildlife, a state, county or local official may be subject to civil liability for gross negligence or wilful misconduct in the performance of duties in seizing and forfeiting property.

It is unlawful for a person to conduct an activity requiring a wildlife license, tag or stamp if the person has had his or her licensed forfeited or the director has prohibited issuance of a license to the person.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Prime Sponsor; Ronald Peregrin, Department of Wildlife.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Poaching is an increasing and very lucrative business.  Seizure of equipment has the most deterrent effect on poachers.  Judges are reluctant to allow seizure and forfeiture of equipment without express authority.

House Committee - Testimony Against:      None Presented.