BILL REQ. #:  S-0335.1 



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SENATE BILL 5129
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State of Washington60th Legislature2007 Regular Session

By Senators Jacobsen and Shin

Read first time 01/11/2007.   Referred to Committee on Natural Resources, Ocean & Recreation.



     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 knowingly enters or remains unlawfully in or upon premises of another for the purposes of hunting for wild animals or wild birds.
     (2) For the purposes of this section, "enters or remains unlawfully" means a person who enters or remains unlawfully in or upon premises when he or she is not then licensed, invited, or otherwise privileged to so enter or remain. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to the person by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land. A license or privilege to enter or remain on improved and apparently used land that is open to the public at particular times, which is neither fenced nor otherwise enclosed in a manner to exclude intruders, is not a license or privilege to enter or remain on the land at other times if notice of prohibited times of entry is posted in a conspicuous manner.
     (3) Unlawfully hunting upon the property of another is a misdemeanor.
     (4) 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 two years.

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.

(a)Moose, 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 . . . . . . . . . . . .





$4,000
(b)Elk, deer, black bear, and cougar . . . . . . . . . . . . $2,000
(c)Trophy animal elk and deer . . . . . . . . . . . . $6,000
(d)Mountain caribou, grizzly bear, and trophy animal mountain sheep . . . . . . . . . . . .
$12,000

     (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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