BILL NUMBER: AB 2132	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Houston

                        FEBRUARY 20, 2008

   An act to amend Sections 2016 and 4370 of, and to add Section
2011.5 to, the Fish and Game Code, relating to hunting.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2132, as introduced, Houston. Wildlife: hunting.
   Existing law makes it unlawful to enter any lands owned or
occupied by another for the purpose of taking or destroying any bird
or mammal where signs forbidding trespass are displayed at specified
intervals, unless written consent is obtained from the owner or owner'
s agent. Existing law permits the taking of a deer during archery
season with a bow and arrow, as specified.
   This bill would require signs forbidding trespass to be at least
81/2 by 11 inches in size, and would permit a person to enter lands
owned or occupied by another if oral consent is obtained from the
owner or owner's agent. This bill would make it unlawful for a person
to remove any collar from a hunting dog with the intent to prevent
or hinder the owner from locating the dog. This bill would permit the
use of one dog per hunter, for the purpose of tracking and locating
a dead or wounded deer, in every area where a deer may lawfully be
taken during archery season.
   Because the bill would create a new crime, it would impose a
state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2011.5 is added to the Fish and Game Code, to
read:
   2011.5.  It is unlawful for any person to remove any collar,
including an electronic or radio transmitting collar, from a dog
without the permission of the dog's owner and with the intent to
prevent or hinder the owner from locating the dog. The court shall
order any person convicted of violating this section to pay the to
the owner of any dog lost or killed as a result of collar removal, as
restitution, the actual value of the dog. the court may also order
any person convicted of violating this section, as restitution, to
pay to the owner of the dog any lost breeding revenues.
  SEC. 2.  Section 2016 of the Fish and Game Code is amended to read:

   2016.  It is unlawful to enter any lands under cultivation or
enclosed by a fence, belonging to, or occupied by, another, or to
enter any uncultivated or unenclosed lands, including lands
temporarily inundated by waters flowing outside the established banks
of a river, stream, slough, or other waterway, where signs
forbidding trespass are displayed at intervals not less than 
three to the   one per one-third  mile along all
exterior boundaries and at all roads and trails entering such lands,
for the purpose of discharging any firearm or taking or destroying
any mammal or bird, including any waterfowl, on such lands without
having first obtained written  or oral  permission from the
owner of such lands, or his  or her  agent, or the person in
lawful possession thereof. Such signs  shall be at least 8 
 1/2   by 11 inches in size and  may be of any
 size and  wording, other than the wording required
for signs under Section 2017, which will fairly advise persons about
to enter the land that the use of such land is so restricted.
  SEC. 3.  Section 4370 of the Fish and Game Code is amended to read:

   4370.  In every area in which deer may lawfully be taken during
the general open season there is an archery season for the taking of
deer with bow and arrow. The season for each area shall be as the
commission may prescribe, with a minimum interposing interval of
three days immediately preceding the regular open season on deer in
that area. No person taking or attempting to take deer during such
archery season shall carry, or have under his immediate control, any
firearm of any kind.  The use of one dog per hunter is permitted
during archery season for the purpose of tracking and locating dead
or wounded deer. 
  SEC. 4.  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.