HB 1128 -
By Senators Hargrove, Jacobsen, Swecker
ADOPTED 04/15/2005
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 77.15.700 and 2003 c 386 s 2 are each amended to read
as follows:
The department shall impose revocation and suspension of privileges
((upon conviction)) in the following circumstances:
(1) Upon conviction, if directed by statute for an offense;
(2) Upon conviction, if the department finds that actions of the
defendant demonstrated a willful or wanton disregard for conservation
of fish or wildlife. Such suspension of privileges may be permanent.
This subsection (2) does not apply to violations involving commercial
fishing;
(3) If a person is convicted twice within ten years for a violation
involving unlawful hunting, killing, or possessing big game, the
department shall order revocation and suspension of all hunting
privileges for two years. RCW 77.12.722 or 77.16.050 as it existed
before June 11, 1998, may comprise one of the convictions constituting
the basis for revocation and suspension under this subsection;
(4)(a) If a person is convicted of an offense, has an uncontested
notice of infraction, fails to appear at a hearing to contest an
infraction, or is found to have committed an infraction three times in
ten years ((of)) involving any violation of recreational hunting or
fishing laws or rules, the department shall order a revocation and
suspension of all recreational hunting and fishing privileges for two
years.
(b) A violation punishable as an infraction counts towards the
revocation and suspension of recreational hunting and fishing
privileges only where that violation is:
(i) Punishable as a crime on the effective date of this section and
is subsequently decriminalized; or
(ii) One of the following violations, as they exist on the
effective date of this section: RCW 77.15.160 (1) or (2); WAC 220-56-116; WAC 220-56-315(11); or WAC 220-56-355 (1) through (4).
(c) The commission may, by rule, designate additional infractions
that do not count towards the revocation and suspension of recreational
hunting and fishing privileges.
Sec. 2 RCW 77.15.020 and 1998 c 190 s 3 are each amended to read
as follows:
If the commission or director has authority to adopt a rule that is
punishable as a crime under this chapter, then the commission or
director may provide that violation of the rule shall be punished with
notice of infraction under RCW 7.84.030. Neither the commission nor
the director have the authority to adopt a rule providing that a
violation punishable as an infraction shall be a crime."
HB 1128 -
By Senators Hargrove, Jacobsen, Swecker
ADOPTED 04/15/2005
On page 1, line 2 of the title, after "77.15 RCW" strike the remainder of the title and insert "amending RCW 77.15.700 and 77.15.020; and prescribing penalties."
EFFECT: An infraction counts towards the number of hunting and fishing violations persons are allowed in a ten-year period before facing a revocation and suspension of privileges where: (1) The violation is a crime on the effective date of this act and is subsequently decriminalized; or (2) the provision violated involves a failure to record harvest on a catch record card, a violation of certain rules involving hooks, possession of softshell crab for personal use, or certain violations involving clams or geoduck. The Fish and Wildlife Commission may designate additional infractions that do not count towards the revocation and suspension of privileges. Neither the Commission nor the Director have the authority to adopt a rule providing that a violation punishable as an infraction shall be a crime.