| Passed by the House April 19, 2005 Yeas 98 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 15, 2005 Yeas 47 BRAD OWEN ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1128 as passed by the House of Representatives and the Senate on the dates hereon set forth. RICHARD NAFZIGER ________________________________________ Chief Clerk | |
| Approved May 9, 2005. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 9, 2005 - 3:07 p.m. Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 01/17/2005. Referred to Committee on Natural Resources, Ecology & Parks.
AN ACT Relating to the definition of the term "conviction" in chapter 77.15 RCW; amending RCW 77.15.700 and 77.15.020; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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.