Bill Text: IN HB1226 | 2013 | Regular Session | Introduced
Bill Title: Killing an endangered species; repeat poachers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-14 - First reading: referred to Committee on Courts and Criminal Code [HB1226 Detail]
Download: Indiana-2013-HB1226-Introduced.html
Citations Affected: IC 14-22.
Synopsis: Killing an endangered species; repeat poachers. Makes it a
Class D felony for a person to knowingly or intentionally kill a wild
bird or wild mammal that is on the endangered species list. Makes it a
Class D felony for a person to illegally take a deer or a wild turkey if
the person has at least three prior unrelated convictions for illegally
taking a deer or a wild turkey in the previous seven years. Increases the
amount that a person must reimburse the state for unlawfully taking or
possessing a deer, wild turkey, or other wildlife (other than fish) for a
third or subsequent violation.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Courts and Criminal Code.
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A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
(1) The list of wildlife indigenous to Indiana determined to be endangered in Indiana under this chapter.
(2) The United States list of endangered wildlife (50 CFR 17.11) as in effect on January 1, 1979.
(3) The list of endangered species developed under section 13 of this chapter.
(b) A species or subspecies of wildlife appearing on a list described in subsection (a) that:
(1) enters Indiana from another state or from a point outside the territorial limits of the United States; and
(2) is transported across Indiana destined for a point beyond
Indiana;
may be so entered and transported without restriction in accordance
with the terms of a federal permit or permit issued under the laws of
another state.
(c) Except as provided in subsection (d), a person who:
(1) violates subsection (a) or (b); or
(2) fails to procure or violates the terms of a permit issued under:
(A) section 15 of this chapter; or
(B) section 16 of this chapter;
commits a Class A misdemeanor.
(d) A person who knowingly or intentionally kills a wild bird or
wild mammal in violation of subsection (a) commits a Class D
felony.
(b) A person who takes a deer or a wild turkey in violation of this article commits a Class A misdemeanor if the person has a prior conviction under:
(1) IC 14-2-3-8(c) (repealed); or
(2) this section;
except as provided in subsection (c).
(c) A person who takes a deer or a wild turkey in violation of this article commits a Class D felony if the person has at least three (3) prior unrelated convictions under this section in the previous seven (7) years.
(1) unlawfully takes or possesses a deer or wild turkey;
(2) takes or possesses a deer or wild turkey by illegal methods or with illegal devices; or
(3) except as provided in subsections (c) and (d), sells, offers to sell, purchases, or offers to purchase a deer or wild turkey or a part of a deer or wild turkey;
shall reimburse the state five hundred dollars ($500) for the first violation,
(b) The money shall be deposited in the conservation officers fish
and wildlife fund. This penalty is in addition to any other penalty under
the law.
(c) Notwithstanding section 6 of this chapter, if a properly tagged
deer is brought to a meat processing facility and the owner of the deer:
(1) fails to pick up the processed deer within a reasonable time;
or
(2) notifies the meat processing facility that the owner does not
want the processed deer;
the deer meat may be given away by the meat processing facility to
another person. The meat processing facility may charge the person
receiving the deer meat a reasonable and customary processing fee.
(d) Notwithstanding section 6 of this chapter, deer meat and
products from farm raised deer that meet the requirements under
IC 15-17 may be sold to the public.
(1) Twenty dollars ($20) for the first violation.
(2) Thirty-five dollars ($35) for each subsequent violation.
(b) A person who takes or possesses wildlife, except a deer or turkey, in violation of this article shall reimburse the state as follows:
(1) Two hundred dollars ($200) for the first violation.
(2) Five hundred dollars ($500) for the second violation.
(3) One thousand dollars ($1,000) for the third and any subsequent violation.
