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.