BILL NUMBER: SB 1028 CHAPTERED 10/07/05 CHAPTER 672 FILED WITH SECRETARY OF STATE OCTOBER 7, 2005 APPROVED BY GOVERNOR OCTOBER 7, 2005 PASSED THE SENATE AUGUST 29, 2005 PASSED THE ASSEMBLY AUGUST 18, 2005 AMENDED IN ASSEMBLY JUNE 21, 2005 INTRODUCED BY Senator Bowen (Coauthor: Senator Vincent) (Coauthor: Assembly Member Koretz) FEBRUARY 22, 2005 An act to add Section 3003 to the Fish and Game Code, relating to hunting. LEGISLATIVE COUNSEL'S DIGEST SB 1028, Bowen Hunting: Internet hunting. (1) Existing law sets forth the methods and conditions of taking any bird or mammal and specifies that it is unlawful to take birds or mammals with firearms or with bow and arrow when intoxicated. Existing law also requires each person that takes birds or mammals in California to apply for, and be granted, a hunting license. This bill would make it unlawful to shoot, shoot at, or kill any bird or mammal with any gun or other device accessed via an Internet connection in this state. The bill would make it further unlawful for any person, firm, corporation, partnership, limited liability company, association, or other business entity to own or operate a shooting range, site, or gallery located in the state for purposes of the online shooting or spearing of any bird or mammal and for any person, firm, corporation, partnership, limited liability company, association, or other business entity to create, maintain, or utilize an Internet Web site, or a service or business via any other means, from any location within the state for purposes of the online shooting or spearing of any bird or mammal. This bill would make it unlawful to possess or confine any bird or mammal in furtherance of any activity prohibited by the bill, and would also make it unlawful to import or export any bird or mammal, or any part thereof, that is killed by any device accessed via an Internet connection, as provided. This bill would specify that any bird or mammal possessed in violation of this bill would be subject to seizure by the Department of Fish and Game. This bill would make legislative findings and declarations relating to computer-assisted remote hunting. (2) Existing law generally provides that a violation of the fish and game laws is a crime. This bill would impose a state-mandated local program by creating new crimes. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature finds and declares all of the following: (1) California hunting licenses are valid only within the State of California, and may not be used to take animals located in other states. (2) Any person issued a California hunting license must comply with the laws and regulations of California. (3) A violation of the laws and regulations relating to hunting in the State of California may constitute a crime. (b) It is the intent of the Legislature to make unlawful the taking of birds or mammals located both in state and out of state, if technology is used to aim and discharge a weapon used in the taking without the person discharging the weapon being physically present. SEC. 2. Section 3003 is added to the Fish and Game Code, to read: 3003. (a) It is unlawful for any person to shoot, shoot at, or kill any bird or mammal with any gun or other device accessed via an Internet connection in this state. (b) It is further unlawful for any person, firm, corporation, partnership, limited liability company, association, or other business entity to do either of the following: (1) Own or operate a shooting range, site, or gallery located in the state for purposes of the online shooting or spearing of any bird or mammal. (2) Create, maintain, or utilize an Internet Web site, or a service or business via any other means, from any location within the state for purposes of the online shooting or spearing of any bird or mammal for the purposes of this section. (c) It is unlawful to possess or confine any bird or mammal in furtherance of an activity prohibited by this section. (d) It is unlawful for any person in this state to import into, or export from, this state any bird or mammal, or any part thereof, that is killed by any device accessed via an Internet connection. (e) Any bird or mammal, or any part thereof, that is possessed in violation of this section shall be subject to seizure by the department. (f) For the purposes of this section, "online shooting or spearing" means the use of a computer or any other device, equipment, software, or technology, to remotely control the aiming and discharge of any weapon, including, but not limited to, any firearm, bow and arrow, spear, slingshot, harpoon, or any other projectile device. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.