Senate Bill No. 287

Introduced By crismore, mesaros, bishop

A Bill for an Act entitled: "An Act permanently prohibiting from hunting, fishing, or trapping a person whose hunting, fishing, or trapping license has been revoked three times; providing for the forfeiture of firearms or bows when used in violating certain hunting laws for the third time FOR THE THIRD SECOND TIME; requiring the department of fish, wildlife, and parks to auction forfeited weapons and use the proceeds for hunter education OR FOR THE FISH AND WILDLIFE CRIMESTOPPERS PROGRAM; and amending section 87-1-102, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 87-1-102, MCA, is amended to read:

"87-1-102.   Penalties. (1) A person who purposely, knowingly, or negligently violates a provision of this title, any other state law pertaining to fish and game, or the orders or rules of the commission or department is guilty of a misdemeanor, except if a felony is expressly provided by law, and shall be fined an amount not less than $50 or more than $1,000 or imprisoned in the county jail for not more than 6 months, or both, unless a different punishment is expressly provided by law for the violation. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of that person's license and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period set by the court. If the court imposes forfeiture of the person's license and privilege to hunt, fish, or trap or to use state lands, the department shall notify the person of the loss of privileges as imposed by the court. The person shall surrender all licenses, as ordered by the court, to the department within 10 days.

(2)  (a) A person convicted of unlawfully taking, killing, possessing, or transporting a bighorn sheep, moose, wild buffalo, caribou, mountain goat, black bear, or grizzly bear or any part of these animals shall be fined an amount not less than $500 or more than $2,000 or imprisoned in the county jail for not more than 6 months, or both. In addition, that person, upon conviction or forfeiture of bond or bail, shall forfeit any current hunting, fishing, recreational use, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 30 months from the date of conviction or forfeiture, unless the court imposes a longer forfeiture period. For each conviction or forfeiture, the department shall notify the person of the loss of privileges. The person shall surrender all hunting, fishing, and trapping licenses to the department within 10 days.

(b)  A person convicted of unlawfully taking, killing, possessing, or transporting a deer, antelope, elk, or mountain lion or any part of these animals shall be fined an amount not less than $300 or more than $1,000 or imprisoned in the county jail for not more than 6 months, or both. In addition, that person, upon conviction or forfeiture of bond or bail, shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture, unless the court imposes a longer forfeiture period. For each conviction or forfeiture, the department shall notify the person of the loss of privileges. The person shall surrender all hunting, fishing, and trapping licenses to the department within 10 days.

(c)  A person convicted of unlawfully attempting to trap or hunt a game animal shall be fined an amount not less than $200 or more than $600 or imprisoned in the county jail for not more than 60 days, or both.

(d)  A person convicted of purposely, knowingly, or negligently taking, killing, trapping, possessing, transporting, shipping, labeling, or packaging a fur-bearing animal or pelt of a fur-bearing animal in violation of any provision of this title shall be fined an amount not less than $100 or more than $1,000, imprisoned in the county jail for not more than 6 months, or both. In addition, that person, upon conviction or forfeiture of bond or bail, shall forfeit any current license and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture, unless the court imposes a longer forfeiture period, and any pelts possessed unlawfully must be confiscated. For each conviction or forfeiture, the department shall notify the person of the loss of privileges. The person shall surrender all hunting, fishing, and trapping licenses to the department within 10 days.

(e)  A person convicted of hunting, fishing, or trapping while that person's license is forfeited or a privilege is denied shall be imprisoned in the county jail for not less than 5 days or more than 6 months. In addition, that person may be fined an amount not less than $500 or more than $2,000.

(f) A person convicted of an offense that results in the loss of hunting, fishing, or trapping privileges for the third time may not again lawfully hunt, fish, or trap or apply for a license to hunt, fish, or trap in the state of Montana.

(3)  A person convicted or who has forfeited bond or bail under this section and whose license privileges are forfeited may not purchase, acquire, obtain, possess, or apply for a hunting, fishing, or trapping license or permit during the period when license privileges have been forfeited. A person convicted of unlawfully purchasing, acquiring, obtaining, possessing, or applying for a hunting, fishing, or trapping license during the period when license privileges have been forfeited shall be fined an amount not less than $500 or more than $2,000, imprisoned in the county jail for not more than 60 days, or both.

(4)  A person convicted or who has forfeited bond or bail under this section and who has been ordered to pay restitution under the provisions of 87-1-111 may not apply for any special license under Title 87, chapter 2, part 7, or enter any drawing for a special license or permit for a period of 5 years following the date of conviction or restoration of license privileges, whichever is later. If the violation involved the unlawful taking of a moose, a bighorn sheep, or a mountain goat, the person may not apply for a special license or enter a drawing for a special license or permit for the same species of game animal that was unlawfully taken for an additional period of 5 years following the ending date of the first 5-year period. A person convicted of unlawfully applying for any special license under Title 87, chapter 2, part 7, or unlawfully entering a drawing for a special license or permit shall be fined an amount not less than $500 or more than $2,000, imprisoned in the county jail for not more than 60 days, or both.

(5) (a) In addition to the other penalties imposed pursuant to this section, a person convicted for the third time FOR THE THIRD SECOND TIME of a hunting violation under 87-1-304 or 87-2-103 OR 87-3-104 shall MAY be ordered to forfeit to the department the firearm or bow used in the commission of the violation.

(b) In addition to the penalties imposed in 87-3-118, a person found guilty for the third time FOR THE THIRD SECOND TIME of violating 87-3-118(1)(a) or (1)(b) (2) shall MAY BE ORDERED TO forfeit the person's firearm or bow to the department if the department is able to determine that the weapon was used to unlawfully kill the animal that is being sold, bartered, purchased, or exchanged.

(c) The department shall auction, to the public, weapons forfeited pursuant to this section, and the proceeds must be used to promote the hunter safety program.

(5)(6)  Notwithstanding the provision of subsection (1), the penalties provided by this section are in addition to any penalties provided in Title 37, chapter 47, and Title 87, chapter 4, part 2."

NEW SECTION. SECTION 2. FORFEITURE PROCEDURE. (1) A FIREARM OR BOW SEIZED UNDER 87-1-102(5) MUST BE SEIZED BY THE ARRESTING AGENCY NO LATER THAN 10 DAYS AFTER THE CONVICTION.

(2) WITHIN 30 DAYS OF THE CONVICTION, THE DEFENDANT MAY MOVE THE COURT WITH JURISDICTION OVER THE OFFENSE FOR A HEARING ON THE FORFEITURE.

(3) UPON A MOTION BY THE DEFENDANT, THE COURT SHALL HOLD A HEARING ON THE FORFEITURE WITHIN 30 DAYS OF THE MOTION.

(4) THERE IS A REBUTTABLE PRESUMPTION OF FORFEITURE WHEN THE DEFENDANT HAS BEEN CONVICTED OF A VIOLATION OF 87-2-103, 87-3-104, OR 87-3-118. IT IS NOT A DEFENSE THAT THE CONVICTED PERSON IS NOT THE OWNER OF THE FIREARM OR BOW USED IN THE CRIME.

(5) IF THE DEFENDANT FAILS TO REQUEST A HEARING OR THE COURT ORDERS FORFEITURE OF THE FIREARM OR BOW, THE DEPARTMENT SHALL AUCTION TO THE PUBLIC THE FIREARM OR BOW FORFEITED PURSUANT TO 87-1-102(5) AND THIS SECTION AND THE PROCEEDS MUST BE USED TO PROMOTE THE HUNTER SAFETY PROGRAM OR THE FISH AND WILDLIFE CRIMESTOPPERS PROGRAM.

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