SENATE BILL REPORT

SB 5819

BYSenators Metcalf and Owen

Increasing the penalties for poaching, including seizure and forfeiture of certain personal property.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 14, 1989

Majority Report:  That Substitute Senate Bill No. 5819 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Benitz, DeJarnatt, Kreidler, Owen, Patterson, Sutherland.

Senate Staff:Ross Antipa (786-7413)

                  February 14, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 14, 1989

BACKGROUND:

Wildlife poachers utilize a variety of vehicles and equipment to assist them in their poaching activities.  Seizure and forfeiture of articles utilized in poaching activities can be useful in providing a suitable punishment to poachers and to create a deterrent effect to prevent poaching.

SUMMARY:

Wildlife agents may seize without warrant boats, vehicles, motorized implements, gear, appliances or other articles which they have reason to believe are held with intent to violate or were used in violation of wildlife statutes or rules of the Wildlife Commission.  The seizing authority shall provide notice of seizure to the owner of the property within 15 days.  If no person makes claim to the seized articles within 45 days, they are considered forfeited.  Provisions are made for administrative hearings to consider rights of claimants of seized property.  Proceeds from seized property which is sold are placed in the wildlife fund.  Wildlife enforcement officers and other department officials are absolved of liability in seizure and forfeiture cases.

EFFECT OF PROPOSED SUBSTITUTE:

Forfeiture of articles used in poaching is accomplished by conviction, plea of guilty, or bail forfeiture.  Persons may appeal a seizure action to an appropriate court regardless of the value of the articles seized.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Ray Nelson, fisherman (pro); Ron Peregrin, Department of Wildlife (pro)