Bill Text: MI SB1119 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Natural resources; hunting; penalties for trespassing; increase. Amends sec. 73110 of 1994 PA 451 (MCL 324.73110).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-09-05 - Referred To Committee On Natural Resources [SB1119 Detail]

Download: Michigan-2017-SB1119-Introduced.html

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SENATE BILL No. 1119

 

 

September 5, 2018, Introduced by Senator PAVLOV and referred to the Committee on Natural Resources.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 73110 (MCL 324.73110), as amended by 2013 PA

 

176.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 73110. (1) Except as provided in subsection (2) or (3),

 

an individual who violates this part is guilty of a misdemeanor

 

punishable by imprisonment for not more than 90 days or a fine of

 

not less than $100.00 $200.00 or more than $500.00, $1,000.00, or

 

both.

 

     (2) An individual who kills any protected animal, game, or

 

fish while violating this part is guilty of a misdemeanor

 

punishable by imprisonment for not more than 90 days or a fine of

 

not less than $250.00 $500.00 or more than $750.00, $1,500.00, or

 

both.

 

     (3) An individual convicted of a second or subsequent

 

violation of this part occurring within 3 years of a previous

 

violation of this part shall be punished by imprisonment for not

 

more than 90 days or a fine of not less than $250.00 or more than

 

$1,000.00, or both. In addition, the court shall order the

 

individual's license revoked if the individual is licensed to hunt,

 

fish, or trap in this state, and shall order the individual not to

 

seek or possess a license for the remainder of the calendar year in

 

which the individual is convicted and during at least 1 succeeding

 

calendar year. This subsection does not apply after September 30,

 

2001.

 

     (3) (4) This subsection applies beginning October 1, 2001. An

 

individual convicted of a second or subsequent violation of this

 

part occurring within 3 years of a previous violation of this part

 

shall be punished is guilty of a misdemeanor punishable by

 

imprisonment for not more than 90 days or a fine of not less than

 

$500.00 $1,000.00 or more than $1,500.00, $3,000.00, or both. In

 

addition, the court may order the individual's license revoked if

 

the individual is licensed to hunt, fish, or trap in this state,

 

and may order the individual not to seek or possess a license for

 

not more than 3 succeeding calendar years.

 

     (4) (5) The A court may order an individual convicted of

 

violating this part to pay the costs of prosecution.

 

     (5) (6) The following may be seized and forfeited in the same

 

manner as provided in chapter 47 of the revised judicature act of

 

1961, 1961 PA 236, MCL 600.4701 to 600.4709:600.4710:

     (a) A protected animal, a fur-bearing animal, game, or fish

 

taken while committing any violation of this part.

 

     (b) Property in the possession of the defendant while

 

committing a second or subsequent violation of this part occurring

 

within 3 years of a previous violation of this part. This

 

subdivision does not apply to either of the following:

 

     (i) Electronic hunting-dog-retrieval equipment.

 

     (ii) A living or dead animal of any kind not described in

 

subdivision (a).

 

     (6) (7) The A court shall order an individual convicted of

 

violating this part to make restitution for any damage arising out

 

of the violation, including, but not limited to, reimbursing this

 

state for the value of any protected animal, fur-bearing animal,

 

game, or fish taken while violating this part as provided in

 

section 40119. However, the value of fish shall must be determined

 

as provided in section 48740.