BILL REQ. #:  Z-0146.1 

Read first time 01/21/13.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to department of fish and wildlife license suspensions; and amending RCW 77.15.670.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 77.15.670 and 1999 c 258 s 11 are each amended to read as follows:
     (1) A person is guilty of violating a suspension of department privileges in the second degree if the person engages in any activity that is licensed by the department and the person's privileges to engage in that activity were revoked or suspended by any court or the department.
     (2) A person is guilty of violating a suspension of department privileges in the first degree if the person commits the act described by subsection (1) of this section and:
     (a) The suspension of privileges that was violated was a permanent suspension;
     (b) The person takes or possesses more than two hundred fifty dollars' worth of unlawfully taken food fish, wildlife, game fish, seaweed, or shellfish; or
     (c) The violation involves the hunting, taking, or possession of fish or wildlife classified as endangered or threatened or big game.
     (3)(a) Violating a suspension of department privileges in the second degree is a gross misdemeanor. ((Upon conviction, the department shall order)) Except for violations of child support-based suspensions, which are covered in (c) of this subsection, a conviction under this subsection requires the department to order a permanent suspension of the person's privileges to engage in ((such)) the hunting or fishing activities that he or she was engaged in when he or she violated a suspension of department privileges in the second degree.
     (b) Violating a suspension of department privileges in the first degree is a class C felony. ((Upon conviction, the department shall order)) Except for violations of child support-based suspensions, which are covered in (c) of this subsection, a conviction under this subsection requires the department to order a permanent suspension of all of the person's privileges to hunt, fish, trap, or take wildlife, food fish, game fish, or shellfish.
     (c) Suspension periods for violations of child support-based suspensions are as follows:
     (i) If the suspension that the person violated in the second degree was based on noncompliance with child support and was ordered under RCW 74.20A.322 or 77.32.014, then the department must order a suspension of all of the person's privileges to hunt, fish, trap, or take wildlife, food fish, game fish, or shellfish for a period of two years. This suspension is in addition to any suspension required by the statute for the underlying fish or wildlife violation.
     (ii) If the suspension that the person violated in the first degree was based on noncompliance with child support and was ordered under RCW 74.20A.322 or 77.32.014, then the department must order a suspension of all of the person's privileges to hunt, fish, trap, or take wildlife, food fish, game fish, or shellfish for a period of four years. This suspension is in addition to any suspension required by the statute for the underlying fish or wildlife violation.
     (iii) Suspensions pursuant to (c)(i) and (ii) of this subsection do not affect any underlying hunting and fishing privilege suspensions based on noncompliance with child support and ordered under RCW 74.20A.322 or 77.32.014. If a person who is suspended pursuant to (c)(i) and (ii) of this subsection completes the period of suspension ordered under this section but is still suspended for child support noncompliance, the person is prohibited from hunting, fishing, or engaging in any activity regulated by the department until he or she obtains a release from the department of social and health services and provides a copy of the release to the department.
     (4) As used in this section, hunting includes trapping with a trapping license.