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 
shall   may  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.