BILL REQ. #:  H-0087.1 

Read first time 01/19/11.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to unlawful hunting of big game; and amending RCW 77.15.410.

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

Sec. 1   RCW 77.15.410 and 2005 c 406 s 4 are each amended to read as follows:
     (1) A person is guilty of unlawful hunting of big game in the second degree if the person:
     (a) Hunts for, takes, or possesses big game and the person does not have and possess all licenses, tags, or permits required under this title;
     (b) Violates any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game; or
     (c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game.
     (2) A person is guilty of unlawful hunting of big game in the first degree if the person ((was previously convicted of any crime)) commits the act described in subsection (1) of this section and:
     (a) The person hunts for, takes, or possesses three or more big game animals within the same course of events; or
     (b) The act occurs within five years of the date of a prior conviction under this title involving unlawful hunting, killing, possessing, or taking big game((, and within five years of the date that the prior conviction was entered the person:
     (a) Hunts for big game and does not have and possess all licenses, tags, or permits required under this title;
     (b) Acts in violation of any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, or closed times; or
     (c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game)).
     (3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor. Upon conviction of an offense involving killing or possession of big game taken during a ((period of time when hunting for the particular species is not permitted)) closed season, closed area, or taken using an unlawful method, or in excess of the bag or possession limit, the department shall revoke all of the person's hunting licenses and tags and order a suspension of the person's hunting privileges for two years.
     (b) Unlawful hunting of big game in the first degree is a class C felony. Upon conviction, the department shall revoke all of the person's hunting licenses or tags and ((the department shall)) order the person's hunting privileges suspended for ten years.
     (4) For the purposes of this section, "same course of events" means within one twenty-four hour period, or a pattern of conduct composed of a series of acts that are unlawful under subsection (1) of this section, over a period of time evidencing a continuity of purpose.