Bill Text: MI SB0245 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Natural resources; hunting; penalties for illegally taking or possessing certain game; increase. Amends sec. 40118 of 1994 PA 451 (MCL 324.40118). TIE BAR WITH: SB 0244'15, SB 0246'15
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2015-12-01 - Assigned Pa 0188'15 With Immediate Effect [SB0245 Detail]
Download: Michigan-2015-SB0245-Introduced.html
SENATE BILL No. 245
March 26, 2015, Introduced by Senators ZORN, MARLEAU, PROOS, PAVLOV, 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 40118 (MCL 324.40118), as amended by 2012 PA
520.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
40118. (1) A person An
individual who violates this part,
an order or interim order issued under this part, or a condition of
a permit issued under this part, except for a violation specified
in
subsections (2) to (12), (14),
is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days, or a fine of
not less than $50.00 or more than $500.00, or both, and the costs
of prosecution. In addition, a permit issued by the department
under this part shall be revoked pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2)
A person An individual who violates a provision of this
part or an order or interim order issued under this part regarding
the possession or taking of any game, except deer, bear, wild
turkey, wolf, moose, or elk, is guilty of a misdemeanor punishable
by imprisonment for not more than 90 days, or a fine of not less
than $100.00 or more than $1,000.00, or both, and the costs of
prosecution.
(3)
Except as otherwise provided in this subsection, a person
an individual who violates a provision of this part or an order or
interim order issued under this part regarding the possession or
taking of deer, bear, wild turkey, or wolf is guilty of a
misdemeanor and shall be punished by imprisonment for not less than
5 days or more than 90 days, and a fine of not less than $200.00 or
more
than $1,000.00, and the costs of prosecution. A person An
individual shall not be punished under this subsection for lawfully
removing, capturing, or destroying a wolf under 2008 PA 290, MCL
324.95151 to 324.95155, or 2008 PA 318, MCL 324.95161 to 324.95167.
(4)
A person An individual who violates a provision of this
part or an order or interim order issued under this part regarding
the possession or taking of elk is guilty of a misdemeanor
punishable by imprisonment for not less than 30 days or more than
180 days, or a fine of not less than $500.00 or more than
$2,000.00, or both, and the costs of prosecution.
(5)
A person An individual who violates a provision of this
part or an order or interim order issued under this part regarding
the possession or taking of moose is guilty of a misdemeanor and
shall be punished by imprisonment for not less than 90 days or more
than 1 year and a fine of not less than $1,000.00 or more than
$5,000.00, and the costs of prosecution.
(6)
A person An individual sentenced pursuant to under
subsection
(3), (4), (5), (10), or (11) (12),
or (13) shall not
secure or possess a license of any kind to hunt during the
remainder of the year in which convicted and the next 3 succeeding
calendar
years. A person An
individual sentenced pursuant to
subsection
(7) (9) shall not secure or possess a license to hunt
during the remainder of the year in which convicted and the next
succeeding calendar year.
(7) 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 a bear
or 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 subsection (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
subsection (6).
(8) An individual sentenced under subsection (4) or (5) 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 the remainder of the year
in which convicted and the next 15 succeeding calendar years.
(b) For a second offense, the individual shall not secure or
possess a license of any kind to hunt for the remainder of that
individual's life.
(9) (7)
A person An individual who violates section 40113(1)
is guilty of a misdemeanor punishable by imprisonment for not less
than 5 days or more than 90 days, or a fine of not less than
$100.00 or more than $500.00, or both, and the costs of
prosecution.
(10) (8)
A person An individual who violates section 40113(2)
is guilty of a misdemeanor punishable by imprisonment for not more
than 90 days, or a fine of not less than $50.00 or more than
$500.00, or both, and the costs of prosecution.
(11) (9)
A person An individual who violates section 40113(3)
is guilty of a misdemeanor and shall be punished by imprisonment
for not less than 5 days or more than 90 days and a fine of not
less than $100.00 or more than $500.00, and the costs of
prosecution.
(12) (10)
A person An individual who violates a provision of
this part or an order or interim order issued under this part
regarding the taking or possession of an animal that has been
designated by the department to be a protected animal, other than
an animal that appears on a list prepared pursuant to section
36505, is guilty of a misdemeanor punishable by imprisonment for
not more than 90 days or a fine of not less than $100.00 or more
than $1,000.00, or both, and the costs of prosecution.
(13) (11)
A person An individual who buys or sells game or a
protected animal in violation of this part or an order or interim
order issued under this part is guilty of a misdemeanor punishable
by imprisonment for not more than 90 days or a fine of not more
than $1,000.00, or both, for the first offense, and is guilty of a
felony for each subsequent offense.
(14) (12)
If a person an individual is convicted of a
violation of this part or an order or interim order issued under
this part and it is alleged in the complaint and proved or admitted
at trial or ascertained by the court after conviction that the
person
individual had been previously convicted 2 times within the
preceding 5 years for a violation of this part or an order or
interim
order issued under this part, the person individual is
guilty of a misdemeanor and shall be punished by imprisonment for
not less than 10 days or more than 180 days, and a fine of not less
than $500.00 or more than $2,000.00, and costs of prosecution.
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. 246
.
(b) Senate Bill No. 244
.
