BILL NUMBER: AB 2132 AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 5, 2008 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. 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 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 a violation of the prohibition established by the bill would be a new crime, 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
shallmay order any person convicted of violating this section to pay 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 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 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 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.