BILL NUMBER: AB 2132	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 11, 2008

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 amended, 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
  require the Fish and Game Commission to consider
adopting regulations that permit, during archery   season,
the use of one dog per hunter to aid in the recovery of deer  .
   Because  the bill   a violation of the
prohibition established by the bill  would  create
  be  a new crime,  it   the
bill  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   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 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 81/2 by 11 inches in size and may be of any
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.   The commission shall
consider adopting   regulations that permit, during archery
season, the use of one dog per hunter to aid in the recovery of 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.