BILL NUMBER: AB 2132 AMENDED
AMENDED IN SENATE JUNE 17, 2008
AMENDED IN SENATE JUNE 2, 2008
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
, 3004, and 4370
and 3004 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 makes it unlawful to discharge any firearm or
release any arrow or crossbow bolt over or across any public road or
way as specified. 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. The 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. The bill would
make it unlawful to discharge any firearm or release any arrow or
crossbow bolt over or across any public road or established way in
a grossly an unsafe manner
that could result in injury or death to a person using that public
road or established way. The 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 on collar removal
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
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
2011.5. It is unlawful for any person to remove any collar,
including an electronic or radio transmitting collar, from a
hunting 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 may order any person convicted of violating this section to pay
the owner of any hunting 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 hunting 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 nonnavigable 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, unless the display is otherwise
reasonably prohibited by an obstruction, including, but not limited
to, a river, stream, or roadway, in which case the sign shall be
placed as near as possible to the one-third mile mark, 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. The 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 3004 of the Fish and Game Code is amended to read:
3004. (a) It is unlawful for any person, other than the owner,
person in possession of the premises, or a person having the express
permission of the owner or person in possession of the premises, to
hunt or to discharge while hunting, any firearm or other deadly
weapon within 150 yards of any occupied dwelling house, residence, or
other building or any barn or other outbuilding used in connection
therewith. The 150-yard area is a "safety zone."
(b) It is unlawful for any person to intentionally discharge any
firearm or release any arrow or crossbow bolt over or across any
public road or other established way open to the public in a
grossly unsafe manner that could result in injury or death to a
person using the public road or established way. an
SEC. 4. 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. 5. 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.