_______________________________________________
SUBSTITUTE
HOUSE BILL 1806
_______________________________________________
Passed
Legislature - 1997 Regular Session
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 03/03/97.
Increasing
penalties for the illegal killing and possession of wildlife.
AN
ACT Relating to the illegal killing and possession of wildlife; amending RCW
77.21.070; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that wildlife is of great ecological, recreational,
aesthetic, and economic value to the people of the state. The legislature
further finds that the illegal taking and possession of certain valuable
wildlife species is increasing at an alarming rate and the state should be paid
restitution for the loss of individual members of these wildlife species.
Sec.
2. RCW
77.21.070 and 1989 c 11 s 28 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))
pay restitution to the state in the following amounts for each animal
killed or possessed:
(a) Moose, ((antelope,)) 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............. (($2,000)) $4,000.00
(b) Elk, deer, black bear, and cougar........ (($1,000))
$2,000.00
(c) ((Mountain caribou and grizzly bear.................. $5,000))
Trophy animal elk and deer.............................. $6,000.00
(d) Mountain caribou, grizzly bear,
trophy
animal mountain sheep....................... $12,000.00
(2)
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. No court may establish bail for illegal possession of wildlife
listed in subsection (1) of this section in an amount less than the bail
established for hunting during the closed season plus the ((reimbursement))
restitution value of wildlife set forth 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 either side;
(b)
A bull elk with five or more antler points on either side; or
(c)
A mountain sheep with a horn curl of three-quarter curl or greater.
(4)
If two or more persons are convicted of illegally possessing wildlife listed in
this section, the ((reimbursement)) restitution amount shall be
imposed upon them jointly and ((separately)) severally.
(((4)))
(5) The ((reimbursement)) restitution 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)) restitution 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.
(((5)))
(6) A defaulted ((reimbursement)) restitution 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.
(7) A person assessed a restitution under this section shall
have his or her hunting license revoked and all hunting privileges suspended
until the restitution is paid through the registry of the court in which the
restitution was assessed.
