H-2209.3  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1806

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By House Committee on Natural Resources (originally sponsored by Representatives Alexander, Grant, Mastin, Buck, Johnson, Butler, Hatfield, Kessler, Sheldon, Chandler, Thompson, Regala, Anderson, Pennington, Clements, Kenney, Sullivan, Blalock, Conway, Mulliken, Tokuda, Constantine, Mason and Schoesler)

Read first time 03/03/97.

Increasing penalties for the illegal killing and possession of wildlife.

    AN ACT Relating to the illegal killing and possession of wildlife;  amending RCW 77.21.070; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature finds that wildlife is of great ecological, recreational, aesthetic, and economic value to the people of the state.  The legislature further finds that the illegal taking and possession of certain valuable wildlife species is increasing at an alarming rate and the state should be paid restitution for the loss of individual members of these wildlife species.

    Sec. 2.  RCW 77.21.070 and 1989 c 11 s 28 are each amended to read as follows:

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

(a) Moose, ((antelope,)) mountain sheep, mountain goat, and all wildlife species classified as endangered by rule of the commission, except for mountain caribou and grizzly bear as listed under (d) of this subsection............. (($2,000)) $4,000.00

(b) Elk, deer, black bear, and cougar........ (($1,000)) $2,000.00

(c) ((Mountain caribou and grizzly bear.................. $5,000))

Trophy animal elk and deer.............................. $6,000.00

(d) Mountain caribou, grizzly bear,

trophy animal mountain sheep....................... $12,000.00

    (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.  No court may establish bail for illegal possession of wildlife listed in subsection (1) of this section in an amount less than the bail established for hunting during the closed season plus the ((reimbursement)) restitution value of wildlife set forth in subsection (1) of this section.

    (3) For the purpose of this section a "trophy animal" is:

(a) A buck deer with four or more antler points on either side;

(b) A bull elk with five or more antler points on either side; or

(c) A mountain sheep with a horn curl of three-quarter curl or greater.

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

    (((4))) (5) The ((reimbursement)) restitution 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)) restitution 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))) (6) A defaulted ((reimbursement)) restitution 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.

(7) A person assessed a restitution under this section shall have his or her hunting license revoked and all hunting privileges suspended until the restitution is paid through the registry of the court in which the restitution was assessed.

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