Hunting penalties.

2016
State of Wyoming
16LSO-0114
Introduced
1.3

SENATE FILE

NO.

SF0022

Hunting penalties.

Sponsored by:
Senator(s) Driskill

A BILL

f
or

AN ACT relating to game and fish; creating a new hunting prohibition; requiring revocation of hunting licenses, loss of preference points and forfeiture of devices and equipment for hunting violations as specified; specifying prima facie evidence of hunting; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S. 23
‑
3
‑
305 by creating
new subsection
s
(f)

and
(g)
, 23
‑
6
‑
206(
a)(intro)
,

by creating a new paragraph
(v)

and
by creating
a
new subsection (f)
and 23
‑
6
‑
208 are amended to read:

23
‑
3
‑
305
.

Hunting from highway; entering enclosed property without permission; penalty; hunting at night without permission prohibited; hunting in closed area.

(f)

No person shall hunt
any
species of
wildlife
in
an area in which hunting for

that species has been

closed by commission order as specified in
W.S. 23
‑
1
‑
303(c).

(g)

It is prima facie evidence that a person is hunting in violation of subsection (a), (b), (e) or (f)
of this section
if he is in possession of any hunting license and has in his possession and control a firearm, weapon, ammunition or other device for hunting wildlife.

23
‑
6
‑
206
.

Revocation of license; hunting after suspended license
; revocation of preference points
.

(a)

T
he court may, in its discretion, revoke any license issued under this act to any person convicted of a violation of this act, for the remainder of the year in which the conviction occurs, and may suspend the person's
privilege to purchase or receive any other license under this act, or to take any wildlife for the following time periods provided in paragraphs (
i
) through (iii
) and
shall suspend the person's privilege to purchase or receive any other license under this act for the time period provided in paragraph (iv)
or (v)
of this subsection:

(
v
)

Five (
5) years for a conviction of a

hunting violation under W.S. 23
‑
3
‑
305(a), (b), (e) or (f)
.

(f)

The court shall revoke all preference points for all
s
pecies accumulated by a person convicted of a hunting violation under W.S. 23
‑
3
‑
305(
a), (b), (e) or (f).

23
‑
6
‑
208
.

Forfeiture of devices and equipment used in taking game illegally; procedure.

(a)

Devices and equipment, including any firearm, weapon, ammunition, t
rap, snare,
vessel, motorized vehicle, aircraft, explosive, poisonous substance,
electronic device or optical equipment, used in, or in aid of, a violation of W.S. 23
‑
3
‑
102(d) or 23
‑
3
‑
107 may be seized by any law
enforcement officer of the state after hearing and upon order issued by the court of original jurisdiction when the value of the devices or equipment is one thousand dollars ($1,000.00) or less or by the district court for the county in which the offense was charged when the value of the devices or equipment is more than one thousand dollars ($1,000.00).

(b)

Devices and equipment, including any firearm, weapon, ammunition, vessel, motorized vehicle, aircraft, explosive, poisonous substance, electronic device or optical equipment, used in, or in aid of, a
hunting violation under W.S. 23
‑
3
‑
305(a), (b), (e) or (f)
shall be seized by any law enforcement officer of the state after hearing and upon order issued by the court of original jurisdiction when the value of the devices or equipment is one thousand dollars ($1,000.00) or less or by the district court for the county in which the offense was charged when the value of the devices or equipment is more than one thousand dollars ($1,000.00).

(c)

Any device or equipment seized under this section shall be forfeited to the state in accordance with W.S. 7
‑
2
‑
105, provided the device or equipment is not subject to forfeiture under this section by reason of any unlawful act committed without the knowledge or consent of the owner. A device or equipment seized under this section shall not be forfeited as provided under this section until after the person has been convicted under W.S. 23
‑
3
‑
102(
d)
,

or

23
‑
3
‑
107

or
of a hunting violation under
W.S.
23
‑
3
‑
305(a)
, (b), (e) or
(f)
and the time for appeal has expired.

Section
2
.

This act is effective July 1, 2016.

(END)

1
SF0022