AN ACT Relating to unlawful display or transport of wildlife; amending RCW 77.21.020 and 77.21.070; adding a new section to chapter 77.16 RCW; adding a new section to chapter 77.08 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 77.16 RCW to read as follows:

(1) It is unlawful to display or transport the carcass, severed head, or other body part of wildlife on, outside of, or protruding from a motor vehicle, nonhighway vehicle, or vessel, unless the design, type, or size of the motor vehicle, nonhighway vehicle, or vessel precludes compliance with this section and no other practical means exists to transport the wildlife.

(2) This section shall not be construed to prohibit the display of lawfully acquired and possessed wildlife artifacts, except for a severed head, from the passenger compartment of a motor vehicle.

(3) It is unlawful to transport the head of a big game animal in or on a motor vehicle, nonhighway vehicle, or vessel, unaccompanied by the carcass it came from, except if the big game head has been mounted by a licensed taxidermist, or is in transit to a licensed taxidermist or to or from a locker plant. The department is authorized to establish by rule further exceptions to this subsection for biological or resource management purposes.

NEW SECTION. Sec. 2. A new section is added to chapter 77.08 RCW to read as follows:

(1) As used in this title and rules of the department, the term "convicted" means a plea of guilty, no contest, a finding of guilt, an unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance, the payment of a fine, or a determination that a fish and wildlife infraction has been committed, regardless of whether the imposition of a sentence, fine, or monetary penalty is deferred or suspended in whole or in part.

(2) A person has been convicted under the provisions of this title or rules of the department when any of the provisions of subsection (1) of this section are entered in the court records regarding the violation or infraction, notwithstanding the pendency of any future proceedings, including but not limited to sentencing, posttrial motions, and appeals.

Sec. 3. Section 1, chapter 6, Laws of 1975 1st ex. sess. as last amended by section 70, chapter 506, Laws of 1987 and RCW 77.21.020 are each amended to read as follows:

In addition to other penalties provided by law, the director shall revoke the hunting license of a person who is convicted of a violation of RCW 77.16.020 involving big game or RCW 77.16.050. ((~~Forfeiture of bail twice during a five-year period for these violations constitutes the basis for a revocation under this section.~~))

A hunting license shall not be issued to the person for two years from the revocation.

A person who has had a license revoked or has been denied issuance pursuant to this section or RCW 77.21.030, may appeal the decision as provided in chapter (((~~34.04~~)) 34.05 RCW.

Sec. 4. Section 3, chapter 8, Laws of 1983 1st ex. sess. as last amended by section 74, chapter 506, Laws of 1987 and RCW 77.21.070 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 the state in the following amounts for each animal killed or possessed:

!tp1 @i2(a) Moose, antelope, mountain sheep, mountain goat, and all wildlife species classified as endangered by rule of the commission!w×!tr$2,000

(b) Elk, deer, black bear, and cougar!w×!tr$1,000

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

((~~(4)~~)) (3) If two or more persons are convicted of illegally possessing wildlife listed in this section, the reimbursement amount shall be imposed upon them jointly and separately.

((~~(5)~~)) (4) The reimbursement 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 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.

((~~(6)~~)) (5) A defaulted reimbursement 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.