Bill Text: MI SB0244 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Natural resources; hunting; restitution for the illegal killing or possessing of certain game; increase. Amends sec. 40119 of 1994 PA 451 (MCL 324.40119). TIE BAR WITH: SB 0245'15, SB 0246'15
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2015-12-01 - Assigned Pa 0187'15 With Immediate Effect [SB0244 Detail]
Download: Michigan-2015-SB0244-Engrossed.html
SB-0244, As Passed Senate, May 13, 2015
SENATE BILL No. 244
March 26, 2015, Introduced by Senators PAVLOV, MARLEAU, ZORN, PROOS, KNEZEK, BIEDA and HANSEN and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 40119 (MCL 324.40119), as amended by 2013 PA
175.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40119. (1) In addition to the penalties provided for
violating this part or an order issued under this part, and the
penalty provided in section 36507, an individual convicted of the
illegal killing, possessing, purchasing, or selling of game or
protected animals, in whole or in part, shall reimburse the state
for the value of the game or protected animal as follows:
(a) Elk, $5,000.00 per animal.
(b) Moose, $5,000.00 per animal.
(c) Bear, $3,500.00 per animal.
(d) Eagle, $1,500.00 per animal.
(e) (a)
Bear, elk, hawk, moose, Hawk or any animal that
appears on a list specified in section 36505, $1,500.00 per animal.
(f) (b)
Deer, owl, and wild turkey,
$1,000.00 per animal.
(g) Waterfowl, $500.00 per animal.
(h)
(c) Other game not listed in subdivision subdivisions (a)
or
(b), to (g), not less than $100.00 or more than $500.00 per
animal.
(i) (d)
Other protected animals, $100.00
per animal.
(2) In addition to the restitution value established in
subsection (1), an individual convicted of the illegal killing,
possessing, purchasing, or selling of an antlered white-tailed deer
also shall pay an additional restitution value that is equal to
$1,000.00 plus 1 of the following:
(a) For an antlered white-tailed deer with at least 8 but not
more than 10 points, $500.00 for each point.
(b) For an antlered white-tailed deer with 11 or more points,
$750.00 for each point.
(3)
In addition to the penalties provided for violating this
part
or an order issued under this part, an individual convicted of
the
illegal killing, possessing, purchasing, or selling of an
antlered
white-tailed deer is subject to the following penalties:
(a)
For a first offense, the individual shall not secure or
possess
a license of any kind to hunt for an additional 2 calendar
years
after the penalties imposed under section 40118(6).
(b)
For a second or subsequent offense, the individual shall
not
secure or possess a license of any kind to hunt for an
additional
7 calendar years after the penalties imposed under
section
40118(6).
(3) In addition to the restitution value established in
subsection (1), an individual convicted of the illegal killing,
possessing, purchasing, or selling of an antlered elk shall pay an
additional restitution value that is equal to 1 of the following:
(a) For an antlered elk with at least 8 but not more than 10
points, $250.00 for each point.
(b) For an antlered elk with 11 or more points, $500.00 for
each point.
(4) In addition to the restitution value established in
subsection (1), an individual convicted of the illegal killing,
possessing, purchasing, or selling of an antlered moose shall pay
an additional restitution value that is equal to $5,000.00.
(5) In addition to the restitution value established in
subsection (1), an individual convicted of the illegal killing,
possessing, purchasing, or selling of a turkey with a beard shall
pay an additional restitution value of $1,000.00.
(6) (4)
The court in which a conviction for
a violation
described
in subsection subsections (1) or (2) to (5) is obtained
shall order the defendant to forfeit to the state a sum as set
forth
in subsection subsections (1) or (2). to (5). If 2 or more
defendants are convicted of the illegal killing, possessing,
purchasing, or selling, in whole or in part, of game or protected
animals
listed in subsection subsections
(1) or (2), to (5), the
forfeiture prescribed shall be declared against them jointly.
(7) (5)
If a defendant fails to pay upon
conviction the sum
ordered by the court to be forfeited, the court shall either impose
a sentence and, as a condition of the sentence, require the
defendant to satisfy the forfeiture in the amount prescribed and
fix the manner and time of payment, or make a written order
permitting the defendant to pay the sum to be forfeited in
installments at those times and in those amounts that, in the
opinion of the court, the defendant is able to pay.
(8) (6)
If a defendant defaults in payment
of the sum
forfeited or of an installment, the court on motion of the
department or upon its own motion may require the defendant to show
cause why the default should not be treated as a civil contempt,
and the court may issue a summons or warrant of arrest for his or
her appearance. Unless the defendant shows that the default was not
due to an intentional refusal to obey the order of the court or to
a
failure to make a good faith good-faith
effort to obtain the
funds required for the payment, the court shall find that the
default constitutes a civil contempt.
(9) (7)
If it appears that the defendant's
default in the
payment of the forfeiture does not constitute civil contempt, the
court may enter an order allowing the defendant additional time for
payment, reducing the amount of the forfeiture or of each
installment, or revoking the forfeiture or the unpaid portion of
the forfeiture, in whole or in part.
(10) (8)
A default in the payment of the
forfeiture or an
installment payment may be collected by any means authorized for
the enforcement of a judgment under chapter 60 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.
(11) (9)
A court receiving forfeiture
damages shall remit the
damages to the county treasurer, who shall deposit the damages with
the state treasurer, who shall deposit the damages in the game and
fish protection account established in section 2010.
(12) (10)
As used in this section,
"point" means a projection
on the antler of a white-tailed deer or elk that is at least 1 inch
long as measured from its tip to the nearest edge of the antler
beam.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. 245
.
(b) Senate Bill No. 246
.
