FINAL BILL REPORT

SSB 5819

                              C 314 L 89

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

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

Senate Committee on Environment & Natural Resources

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Wildlife poachers utilize a variety of vehicles and equipment to assist them in their poaching activities.  Seizure and forfeiture of articles utilized in poaching activities can be useful in providing a suitable punishment to poachers and to create a deterrent effect to prevent poaching.

SUMMARY:

Wildlife agents may seize without warrant boats, vehicles, motorized implements, gear, appliances or other articles which they have reason to believe are held with intent to violate or were used in violation of wildlife statutes or rules of the Wildlife Commission involving endangered species, deer, elk, black bear, cougar, mountain caribou, grizzly bear, moose, antelope, mountain goat, mountain sheep and steelhead trout.  The seizing authority shall provide notice of seizure to the owner of the property within 15 days.  Forfeiture of articles used in poaching is accomplished by conviction, plea of guilty, or bail forfeiture.

Persons may appeal a seizure action to an appropriate court regardless of the value of the articles seized.  Provisions are made for administrative hearings to consider rights of claimants of seized property.  Proceeds from seized property are placed in the wildlife fund.

Wildlife enforcement officers and other department officials are subject to civil liability for willful misconduct or gross negligence in the performance of their duties.  Wildlife agents may not seize any item, other than evidence, from a violator if the violation was determined to be inadvertent.

VOTES ON FINAL PASSAGE:

     Senate   41    6

     Senate   45    0 (Senate amended on reconsideration)

     House 97  0 (House amended)

     Senate   47    0 (Senate concurred)

EFFECTIVE:July 23, 1989