Bill Text: IN HB1221 | 2012 | Regular Session | Amended
Bill Title: Spotlighting wild animals; fish and wildlife license suspension.
Sponsorship: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2012-02-01 - First reading: referred to Committee on Agriculture and Natural Resources [HB1221 Detail]
Download: Indiana-2012-HB1221-Amended.html
Citations Affected: IC 14-22.
Synopsis: Spotlighting wild animals; fish and wildlife license
suspension. Defines "spotlight" as a projected spot of light used to
direct a narrow, intense beam on a person, animal, or object. Provides
that a person who, between October 1 and January 15, shines a
spotlight, searchlight, or other artificial light upon a wild bird or wild
animal for the purpose of locating a wild bird or wild animal commits
a Class C infraction. Establishes certain exceptions. Requires a court
to suspend for two years the hunting, fishing, and trapping license
privileges of a person who incurs a second conviction or judgment for
shining a light on a wild bird or wild animal. Allows a court to suspend
certain fish and wildlife license privileges for two years for a violation
of a wildlife protection law.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Natural Resources.
January 26, 2012, amended, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
(1) is acting in the performance of the employee's duties; and
(2) has received the express written consent of the director for the employee's action.
(b) For the purposes of this section, "spotlight" means a projected spot of light used to direct a narrow, intense beam on a person, animal, or object.
(1) not required by law on a motor vehicle; and
(2) in search of or upon any wild bird or wild animal;
from a vehicle while the person possesses a firearm, bow, or crossbow, if by throwing or casting the rays a wild bird or wild animal could be
killed. This subsection applies even though the animal is not killed,
injured, shot at, or otherwise pursued.
(c) (d) A person may not take any wildlife, except furbearing
mammals,with the aid of illumination of any spotlight, searchlight, or
other artificial light.
(d) (e) A person may not shine a spotlight, searchlight, or other
artificial light for the purpose of taking, attempting to take, or assisting
another person to take a deer.
(f) Except as provided by subsection (d), a person who, after
September 30 and before January 16, shines a spotlight,
searchlight, or other artificial light upon a wild bird or wild animal
for the purpose of locating a wild bird or wild animal commits a
Class C infraction. This subsection does not apply to the following:
(1) The shining of a vehicle's headlights on a wild bird or wild
animal while the vehicle is operated in a lawful manner upon
a street, highway, or roadway.
(2) A person using a spotlight, searchlight, or other artificial
light on property owned or leased by that person or by a
member of that person's immediate family.
(3) A person using a spotlight, searchlight, or other artificial
light in an emergency situation.
(4) A person engaged in farming operations, including an
employee or contractor.
(g) In addition to any other penalty allowed under this article,
if a court:
(1) convicts or enters judgment against a person for a
violation of this section; and
(2) determines that the person has a prior unrelated
conviction or judgment under this section;
the court shall suspend the person's hunting, fishing, and trapping
license privileges for two (2) years.
(1) All the terms, conditions, and rules:
(A) made by the director under this article; and
(B) incorporated in or attached to the license or permit when issued.
(2) This article.
(3) A wildlife law (as defined by IC 14-22-41-4(p)) while the licensee is in another jurisdiction that has adopted the wildlife violator compact (IC 14-22-41).
(b) A license or permit may be
(1) Failure to comply with or violation of the terms, conditions, rules, or restrictions incorporated in or attached to the license or permit when issued.
(2) Violation of this article.
(3) Violation of a wildlife law (as defined by IC 14-22-41-4(p)) while the licensee is in another jurisdiction that has adopted the wildlife violator compact (IC 14-22-41).
(c) A person whose license privileges or permit
(1) Set a date for the hearing, which may not be more than fifteen (15) days from the date of receipt of the request.
(2) Give the person requesting the hearing at least five (5) days notice of the date of the hearing, which shall be held in the office of the director.
(3) Receive and keep a record of all evidence presented by the person.
(4) After considering the evidence presented at the hearing, rescind or affirm the order
(d) Every court having jurisdiction of an offense committed in violation of an Indiana law for the protection of wildlife may, at the court's discretion,
(1) Thirty (30) days.
(2) Sixty (60) days.
(3) Ninety (90) days.
(4) One (1) year.
(5) Two (2) years.
(e) After a revocation, the court shall forward to the division a record of the conviction of the person in the court for a violation of the law. At the time of the conviction, the court shall do the following:
(1) Obtain the license certificate of the defendant.
(2) Return the license certificate to the division.
