BILL NUMBER: AB 1162	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2012
	PASSED THE ASSEMBLY  AUGUST 29, 2012
	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 Sections 2016 and 12154 of, 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, 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.
   (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 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 privileges
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 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
commission to adopt regulations to implement this provision. The bill
would subject any person 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.
   (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.



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 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, or his or her agent, or the
person in lawful possession of, those lands. Signs may be of any size
and wording that will fairly advise persons about to enter the land
that the use of the land is so restricted.
  SEC. 2.  Section 2017 of the Fish and Game Code is repealed.
  SEC. 3.  Section 12013.3 is added to the Fish and Game Code, to
read:
   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. 4.  Section 12013.5 is added to the Fish and Game Code, to
read:
   12013.5.  (a) 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. 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.
   (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.
   (2) The department may adopt regulations to implement this
subdivision.
   (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. 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.