BILL NUMBER: AB 1178	CHAPTERED  09/11/00

	CHAPTER   374
	FILED WITH SECRETARY OF STATE   SEPTEMBER 11, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 8, 2000
	PASSED THE SENATE   AUGUST 25, 1999
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 8, 1999
	AMENDED IN SENATE   JUNE 30, 1999
	AMENDED IN ASSEMBLY   MAY 18, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999
	AMENDED IN ASSEMBLY   APRIL 19, 1999

INTRODUCED BY   Assembly Member Frusetta

                        FEBRUARY 25, 1999

   An act to  amend Section 12002 of the Fish and Game Code, relating
to birds.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1178, Frusetta.  Birds:  crimes.

   Under existing law, any person who takes any bird or mammal in
violation of a specified court order is guilty of a felony.  Existing
law also prescribes the penalty for specified violations of law
involving birds of prey.
   This bill,  except as provided in those provisions , would
establish as the punishment for violations of specified provisions of
the Fish and Game Code governing protection of birds, a fine of not
more than $5,000, imprisonment in the county jail for not more than 6
months, or both that fine and imprisonment.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12002 of the Fish and Game Code is amended to
read:
   12002.  (a) Unless otherwise provided, the punishment for a
violation of this code that is a misdemeanor is a fine of not more
than one thousand dollars ($1,000), imprisonment in the county jail
for not more than six months, or both the fine and imprisonment.
   (b) The punishment for a violation of any of the following
provisions is a fine of not more than two thousand dollars ($2,000),
imprisonment in the county jail for not more than one year, or both
the fine and imprisonment:
   (1) Section 1059.
   (2) Subdivision (d) of Section 4004.
   (3) Section 4600.
   (4) Paragraph (1) or (2) of subdivision (a) of Section 5650.
   (5) A first violation of Section 8670.
   (6) Section 10500.
   (7) Section 3005.9.
   (8) A violation of commission regulations that is discovered
pursuant to Section 3005.91 or 3005.92.
   (9) Unless a greater punishment is otherwise provided, a violation
subject to subdivision (a) of Section 12003.1.
   (c) Except as specified in Sections 12001 and 12010, the
punishment for violation of Section 3503, 3503.5, 3513, or 3800 is a
fine of not more than five thousand dollars ($5,000), imprisonment in
the county jail for not more than six months, or both that fine and
that imprisonment.
   (d) (1) A license or permit issued pursuant to this code to a
defendant who fails to appear at a court hearing for a violation of
this code, or who fails to pay a fine imposed pursuant to this code,
shall be immediately suspended.  The license or permit shall not be
reinstated or renewed, and no other license or permit shall be issued
to that person pursuant to this code, until the court proceeding is
completed or the fine is paid.
   (2) This subdivision does not apply to any violation of Section
1052, 1059, 1170, 3005.9, 3005.91, 3005.92, 5650, 5653.9, 6454, 6650,
or 6653.5.