BILL REQ. #: H-3981.4
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HOUSE BILL 3268
_____________________________________________| State of Washington | 59th Legislature | 2006 Regular Session |
By Representatives Blake and BuckRead first time 01/30/2006. Referred to Committee on Natural Resources, Ecology & Parks.
AN ACT Relating to unlawfully hunting while upon the property of
another; amending RCW 77.15.420; adding a new section to chapter 77.15
RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 77.15 RCW
to read as follows:
(1) A person is guilty of unlawfully hunting upon the property of
another if the person enters or remains unlawfully in or upon premises
of another, as "enters or remains unlawfully" is defined in RCW
9A.52.010, and hunts for wild animals or wild birds.
(2) Unlawfully hunting upon the property of another is a
misdemeanor.
(3) If a person unlawfully hunts upon the property of another and
kills an animal classified by the commission as a big game animal,
then, upon conviction of unlawfully hunting upon the property of
another, the department shall revoke all hunting licenses and tags and
order a suspension of hunting privileges for one year.
(4) If a person unlawfully hunts upon the property of another and
kills an animal defined as a "trophy animal" in RCW 77.15.420, then,
upon conviction of unlawfully hunting upon the property of another, the
court shall require payment of the criminal wildlife penalty assessment
for the trophy animal as provided for in RCW 77.15.420.
Sec. 2 RCW 77.15.420 and 2005 c 406 s 5 are each amended to read
as follows:
(1) If a person is convicted of violating RCW 77.15.410 or section
1 of this act 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 fish and wildlife enforcement reward account created in
RCW 77.15.425.
(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 commits a violation that requires payment of a
wildlife penalty assessment within five years of a prior gross
misdemeanor or felony conviction 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.
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