SB-0171, As Passed Senate, November 14, 2013

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 171

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 40119 (MCL 324.40119), as amended by 2004 PA

587.

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, a person 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) Bear, elk, hawk, moose, or any animal that appears on a

list specified in section 36505, $1,500.00 per animal.

Senate Bill No. 171 (H-3) as amended November 12, 2013

     (b) Deer, owl, and wild turkey, $1,000.00 per animal.

     (c) Other game not listed in subdivision (a) or (b), not less

than $100.00 or more than $500.00 per animal.

     (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).

     (4) (2) The court in which a conviction for a violation

described in subsection (1) or (2) is obtained shall order the

defendant to forfeit to the state a sum as set forth in subsection

(1) or (2). 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 (1) or (2), the

forfeiture prescribed shall be declared against them jointly.

(5) (3) 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.

(6) (4) 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 effort to obtain the funds required

for the payment, the court shall find that the default constitutes

a civil contempt.

(7) (5) 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.

(8) (6) 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.

(9) (7) 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 of the Michigan conservation and recreation

legacy fund provided for established in section 2010.

     (10) As used in this section, "point" means a projection on

the antler of a white-tailed deer 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 upon the

expiration of 90 days after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 172 of the 97th Legislature is enacted into

law.