SB-0172, As Passed House, November 13, 2013

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 172

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 73109 and 73110 (MCL 324.73109 and 324.73110),

 

as amended by 1998 PA 546.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 73109. The owner of property on which a violation of this

 

part is committed, or his or her lessee, may bring a cause of

 

action against a person an individual who violates this part for

 

$250.00 $750.00 or actual property damages, whichever is greater,

 

and actual and reasonable attorney fees.

 

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

 

person 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 or more than $500.00, 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 or more than $750.00, or both.

 

     (3) (2) A person 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 person's individual's license revoked if the person individual

 

is licensed to hunt, fish, or trap in this state, and shall order

 

the person individual not to seek or possess a license for the

 

remainder of the calendar year in which the person individual is

 

convicted and during at least 1 succeeding calendar year. This

 

subsection does not apply after September 30, 2001.

 

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

 

person 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 $100.00 $500.00 or more than

 

$1,000.00, $1,500.00, or both. In addition, the court may order the

 

person's individual's license revoked if the person individual is

 

licensed to hunt, fish, or trap in this state, and may order the

 

person individual not to seek or possess a license for not more

 

than 3 succeeding calendar years.

 

     (5) (4) The court may order a person an individual convicted

 

of violating this part to pay the costs of prosecution.


 

     (6) (5) 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:

 

     (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).

 

     (7) (6) The court shall order a person 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 be determined as

 

provided in section 48740.

 

     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. 171 of the 97th Legislature is enacted into

 

law.