1696-S AMH SUMP CALL 055

SHB 1696 - H AMD

By Representative Sump

   Beginning on page 5, line 18, strike all of section 5 and insert the following:

   "Sec. 5. RCW 77.15.420 and 1998 c 190 s 62 are each amended to read as follows:

   (1) If a person is convicted of violating RCW 77.15.410 and that violation results in the death of wildlife listed in this section, the court shall require payment of the following amounts for each animal killed or possessed. This shall be a criminal wildlife penalty assessment that shall be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the ((public safety and education account)) fish and wildlife enforcement reward account created in section 1 of this act.

   (2) No forfeiture of bail may be less than the amount of the bail established for hunting during closed season plus the amount of the criminal wildlife penalty assessment 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 both sides, not including eyeguards;

   (b) A bull elk with five or more antler points on both sides, not including eyeguards; or

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

   For purposes of this subsection, "eyeguard" means an antler protrusion on the main beam of the antler closest to the eye of the animal.

   (4) If two or more persons are convicted of illegally possessing wildlife in subsection (1) of this section, the criminal wildlife penalty assessment shall be imposed on them jointly and separately.

   (5) The criminal wildlife penalty assessment shall be imposed regardless of and in addition to any sentence, fines, or costs otherwise provided for violating any provision of this title. The criminal wildlife penalty assessment shall be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect. This section may not be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.

   (6) A defaulted criminal wildlife penalty assessment 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 but not limited to vacation of a deferral of sentencing or vacation of a suspension of sentence.

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

   (8) The criminal wildlife penalty assessments provided in subsection (1) of this section shall be doubled in the following instances:

   (a) When a person is convicted of spotlighting big game under RCW 77.15.450;

   (b) When a person has a previous conviction of a misdemeanor, gross misdemeanor, or a felony violation under this title;

   (c) When the person killed the animal in question with the intent of bartering, selling, or otherwise deriving economic profit from the animal or the animal's parts; or

   (d) When a person kills the animal under the supervision of a licensed guide."

   On page 7, after line 24, insert the following:

   "(4) A person convicted under this section shall be assessed a criminal wildlife penalty assessment as provided in RCW 77.15.420."

   EFFECT: Doubles the criminal wildlife penalty assessments only for persons convicted of spotlighting big game, persons participating in a guided hunt with a licensed guide, persons that intend to derive economic profit from the killed animal, and persons with past convictions of the Fish and Wildlife Code.