SENATE BILL REPORT

                                    HB 2163

         AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES,

                                MARCH 25, 1991

Brief Description:  Revoking licenses of persons who assault wildlife agents and other law enforcement officers.

SPONSORS:Representatives Orr, Rasmussen, Wineberry, Bray, Dorn, R. Meyers, Dellwo, R. King, Ferguson and Anderson.

HOUSE COMMITTEE ON FISHERIES & WILDLIFE

SENATE COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES

Majority Report:  Do pass as amended.

      Signed by Senators Metcalf, Chairman; Oke, Vice Chairman; Amondson, Barr, Conner, Patterson, Snyder, and Sutherland. 

Staff:  Ross Antipa (786‑7413)

Hearing Dates:March 25, 1991

BACKGROUND:

Under current law, it is unlawful to resist or obstruct wildlife agents or ex officio wildlife agents in the discharge of their duties while enforcing the law or rules adopted pursuant to the law.  A violation of this law is a misdemeanor.  It is also unlawful to assault a wildlife agent or other law enforcement officer. 

Hunting licenses are revoked by the director of the Department of Wildlife for big game violations and for shooting hunting partners or livestock while hunting.

Any violation of a wildlife law can be punished by the court by a license forfeiture.  A mandatory forfeiture is the penalty upon second conviction.

SUMMARY:

The director of the Department of Wildlife shall revoke for 10 years all licenses and privileges extended under Title 77 of a person convicted of assault on a state wildlife agent, or other law enforcement officer assisting the agent, provided that:  (1) the agent and other law enforcement officer assisting the agent were on duty at the time of the assault; and (2) the agent and other law officer assisting the agent were enforcing the provisions of Title 77 RCW.

Assault is defined as murder, manslaughter, or first, second, or third degree assault.  No license described under Title 77 RCW shall be reissued to a person convicted of assault of a wildlife agent for a minimum of 10 years.  After 10 years a person may petition the director of the Department of Wildlife for a reinstatement of his or her license or privileges.  Upon review by the director, and if all provisions of the court that imposed sentencing have been completed, the director may reinstate the license and privileges under Title 77 RCW.

Appropriation:  none

Revenue:  none

Fiscal Note:  available

SUMMARY OF PROPOSED SENATE AMENDMENT:

It is not necessary for ex officio wildlife agents to be assisting a wildlife agent in order for the provisions of the bill to take effect.

TESTIMONY FOR:

This legislation would create a deterrent effect to reduce the number of assaults on wildlife agents.

TESTIMONY AGAINST:  None

TESTIFIED:  Ron Peregrin, Department of Wildlife (pro); Doug Ward, Washington Game Warden Association (pro); Jim King, Washington Sportsmen's Council (pro)