September 25, 2018, Introduced by Rep. Cole and referred to the Committee on Judiciary.
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.