BILL NUMBER: AB 1162 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 21, 2012
AMENDED IN SENATE JUNE 20, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 11, 2011
INTRODUCED BY Assembly Member Chesbro
(Coauthor: Assembly Member Williams)
(Coauthor: Senator Berryhill)
FEBRUARY 18, 2011
An act to amend Section Sections 2016 and
12154 of, and to add Sections 12013.3 and
12013.5 to, and to repeal Section 2017 of, the Fish and
Game Code, relating to wildlife.
LEGISLATIVE COUNSEL'S DIGEST
AB 1162, as amended, Chesbro. Wildlife: poaching.
(1) Existing law prohibits a person, including the owner in lawful
possession of the land and a person obtaining permission from the
owner or person in lawful possession of the land, from taking any
protected mammal or bird or discharging any firearm upon any land,
where signs with specified wording and size requirements are
displayed at specified intervals along all exterior boundaries and at
all roads and trails entering the land. Other existing law makes it
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 where signs forbidding trespass are displayed at
intervals not less than 3 to the mile along all exterior boundaries
and at all roads and trails entering those lands, for the purpose of
discharging any firearm or taking or destroying any mammal or bird,
including any waterfowl, on those lands without having first obtained
written permission from the owner of those lands, or his or her
agent, or the person in lawful possession of those lands.
This bill would repeal the provision relating to signage and the
taking of protected mammals and birds. The bill would expand the
trespass sign provision to encompass signs forbidding trespass or
hunting, or both.
(1)
(2) Existing law provides that any person who illegally
takes, possesses, imports, exports, sells, purchases, barters,
trades, or exchanges any amphibian, bird, fish, mammal, or reptile,
or part thereof, for profit or personal gain, is guilty of a
misdemeanor punishable by a fine of not less than $5,000, nor more
than $40,000, or imprisonment in the county jail for not more than
one year, or by both that fine and imprisonment. Existing law
authorizes the department Department of Fish
and Game , upon a conviction of certain violations, to suspend
or permanently revoke a person's hunting or sport fishing license or
permit privileges and authorizes the seizure or forfeiture of any
device or apparatus used in the commission of specified offenses.
The bill authorizes the person whose privileg es are
suspended or revoked to appeal the suspension or revocation to the
Fish and Game Commission, and authorizes the commission to
restore those privileges.
This bill would subject any person who knowingly and
illegally takes violated and was convicted of
violating certain provisions relating to a trophy deer, elk,
antelope, wild turkey, or bighorn sheep in specified ways to a fine
of not less than $5,000, nor more than $40,000, for deer, elk,
antelope, and bighorn sheep violations, and a fine of not less than
$2,000, nor more than $5,000, for wild turkey violations, or
imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment. The bill would require the
Fish and Game Commission commission to adopt
regulations to implement this provision. The bill would subject any
person who uses convicted of certain
violations while using a signal-emitting device, as defined, in
conjunction with the take of bear for the purpose of selling or
trafficking in bear parts , to a fine of $10,000 per bear
part. The bill would require all revenue from fines imposed pursuant
to these provisions to be deposited in the Big Game Management
Account or the Upland Game Bird Account, based on the violation. The
bill would include those offenses in those suspension, revocation,
and forfeiture provisions. The bill would require the
commission, upon the appeal of a suspended or revoked license, to
consider specified factors. By creating new crimes, this bill
would impose a state-mandated local program.
(2)
(3) 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 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 or hunting, or both, are displayed at
intervals not less than three to the mile along all exterior
boundaries and at all roads and trails entering such
those lands, for the purpose of discharging any
firearm or taking or destroying any mammal or bird, including any
waterfowl, on such those 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 of,
those lands . Signs may be of any size and wording
, other than the wording required for signs under Section
2017, which that will fairly advise persons
about to enter the land that the use of such
the land is so restricted.
SEC. 2. Section 2017 of the Fish and
Game Code is repealed.
2017. It is unlawful to take any mammal or bird or to discharge
any firearm upon any land (whether fenced, cultivated, or not) where
signs, at least 81/2 inches by 11 inches in size and reading:
"PRIVATE PROPERTY NO HUNTING" are displayed at intervals not less
than three to the mile along all exterior boundaries and at all roads
and trails entering the land.
This section applies to all persons, including the owner or the
person in lawful possession of the land, and any person obtaining
permission, written or oral, from the owner or the person in lawful
possession of the land, so long as the signs remain posted on the
land.
Nothing in this section prohibits the owner or his or her agent
from taking nonprotected mammals or birds on the land.
SECTION 1. SEC. 3. Section 12013.3
is added to the Fish and Game Code, to read:
12013.3. (a) Any person who knowingly and illegally takes a
trophy deer, elk, antelope, bighorn sheep, or wild turkey in any of
the following ways shall be subject to a fine of not less than five
thousand dollars ($5,000), nor more than forty thousand dollars
($40,000), for deer, elk, antelope, and bighorn sheep violations, and
a fine of not less than two thousand dollars ($2,000), nor more than
five thousand dollars ($5,000), for wild turkey violations, or
imprisonment in the county jail for not more than one year, or both
that fine and imprisonment:
(1) Outside the legal season.
(2) With the aid of artificial light.
(3) With the aid of bait.
(4) Results in unnecessary and wanton waste of game.
(5) Without first purchasing or otherwise lawfully obtaining any
required deer, elk, antelope, or bighorn sheep tag.
12013.3. (a) Notwithstanding Section 12002,
12003.2, 12008, or 12008.5, the punishment for any person who
knowingly violated and has been convicted of the following provisions
where the violation involved a trophy deer, elk, antelope, or
bighorn sheep shall be a fine of not less than five thousand dollars
($5,000), nor more than forty thousand dollars ($40,000), and where
the violation involved a wild turkey, a fine of not less than two
thousand dollars ($2,000), nor more than five thousand dollars
($5,000), or imprisonment in the county jail for not more than one
year, or both that fine and imprisonment:
(1) Section 2001, if the person took an animal outside the
established season.
(2) Section 2005.
(3) Section 257.5 of Title 14 of the California Code of
Regulations.
(4) Section 4304.
(5) Section 4330.
(6) Section 1054.2, if the person failed to procure the required
license or tag prior to taking a deer, elk, antelope, or bighorn
sheep.
(b) The commission shall adopt regulations to implement this
section, including establishing a trophy designation and monetary
value based on the size or related characteristics of deer, elk,
antelope, bighorn sheep, and wild turkeys or parts thereof.
(c) All revenue from fines imposed pursuant to this section for
deer, elk, antelope, and bighorn sheep violations shall be deposited
in the Big Game Management Account established in Section 3953 and
shall be used for the big game management purposes described in that
section.
(d) All revenue from fines imposed pursuant to this section for
wild turkey violations shall be deposited in the Upland Game Bird
Account established in Section 3684 and shall be used for the upland
game bird conservation purposes described in that section.
(e) Moneys equivalent to 50 percent of the revenue from any fine
collected pursuant to this section shall be paid to the county in
which the offense was committed, pursuant to Section 13003. The
county board of supervisors shall first use revenues pursuant to this
subdivision to reimburse the costs incurred by the district attorney
or city attorney in investigating and prosecuting the violation. Any
excess revenues may be expended in accordance with Section 13103.
SEC. 2. SEC. 4. Section 12013.5 is
added to the Fish and Game Code, to read:
12013.5. (a) Any person who uses In
addition to any other penalties provided in this code, any person
convicted of violating this code or any regulation adopted pursuant
thereto while using a signal-emitting device in conjunction
with the take of bear for the purpose of selling or trafficking in
bear parts shall be subject to a fine of ten thousand dollars
($10,000) per bear part. For purposes of this section, a
"signal-emitting device" means any device capable of generating
radio, cellular, satellite, or other signal transmission for purposes
of providing communication or location information.
(b) All revenue from fines imposed pursuant to this section shall
be deposited in the Big Game Management Account established in
Section 3953 and shall be used for the big game management purposes
described in that section.
(c) Moneys equivalent to 50 percent of the revenue from any fine
collected pursuant to this section shall be paid to the county in
which the offense was committed, pursuant to Section 13003. The
county board of supervisors shall first use revenues pursuant to this
subdivision to reimburse the costs incurred by the district attorney
or city attorney in investigating and prosecuting the violation. Any
excess revenues may be expended in accordance with Section 13103.
SEC. 3. SEC. 5. Section 12154 of the
Fish and Game Code is amended to read:
12154. (a) Upon a conviction of a violation of this code or
any regulation adopted pursuant thereto that is punishable pursuant
to Section 12012, 12013, 12013.3, or 12013.5, the department
may suspend or permanently revoke a person's hunting or sport fishing
license or permit privileges. Any
(b) (1) Any
person whose privileges are suspended or revoked pursuant to this
section may appeal the suspension or revocation to the commission.
The commission shall initiate the appeal process within 12 months of
the violator's appeal request. The commission shall consider at
least the nature, circumstances, extent, and gravity of the person's
violations, the person's culpability for the violations, and the
injury to natural resources by the violations, and may restore
a person's hunting or sport fishing license or permit privileges.
The
(2) The department may adopt
regulations to implement this subdivision.
(b)
(c) Pursuant to subdivision (c) of Section 12157, a
judge may order the seizure or forfeiture of any device or apparatus,
including a vessel, vehicle, or hunting or fishing gear, that is
used in committing an offense punishable under Section 12012, 12013,
12013.3, or 12013.5.
SEC. 4. SEC. 6. 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.