REPORT TITLE:
Wildlife; Penalties

DESCRIPTION:
Clarifies penalty provisions relating to wildlife management.
(SD1)

 
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                                                        1186
HOUSE OF REPRESENTATIVES                H.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO WILDLIFE PENALTIES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 183D-5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�183D-5  Penalties.(a)  Any person violating section
 
 4 183D-21, 183D-25, 183D-33, or 183D-63 or any rule adopted under
 
 5 this chapter shall be guilty of a petty misdemeanor, and upon
 
 6 conviction thereof, shall be punished as follows:
 
 7      (1)  For a first conviction, by a mandatory fine of not less
 
 8           than [$50 nor more than $1,000,] $100, or imprisonment
 
 9           of not more than thirty days, or both;
 
10      (2)  For a second conviction within five years of a previous
 
11           conviction, by a mandatory fine of not less than [$250
 
12           nor more than $1,000,] $500, or by imprisonment of not
 
13           more than thirty days, or both, and all firearms used
 
14           in the commission of such violations shall be
 
15           considered contraband to be forfeited to and disposed
 
16           of by the State; and
 
17      (3)  For a third or subsequent conviction within five years
 
18           of the first two or more convictions, by a mandatory
 
19           fine of not less than $1,000, or by imprisonment of not
 
20           more than thirty days, or both, and all firearms used
 

 
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 1           in the commission of such violations shall be
 
 2           considered contraband to be forfeited to and disposed
 
 3           of by the State.
 
 4      (b)  Any person violating section 183D-25.5, 183D-26,
 
 5 183D-27, 183D-32, 183D-62, or 183D-64 shall be guilty of a
 
 6 misdemeanor, and upon conviction thereof, shall be punished as
 
 7 follows:
 
 8      (1)  For a first conviction by a mandatory fine of not less
 
 9           than [$100 nor more than $2,000,] $200, or by
 
10           imprisonment of not more than one year, or both;
 
11      (2)  For a second conviction within five years of a previous
 
12           conviction, by a mandatory fine of not less than [$500
 
13           nor more than $2,000,] $1,000, or by imprisonment of
 
14           not more than one year, or both, and all firearms used
 
15           in the commission of such violations shall be
 
16           considered contraband to be forfeited to and disposed
 
17           of by the State; and
 
18      (3)  For a third or subsequent conviction within five years
 
19           of the first two or more convictions, by a mandatory
 
20           fine of not less than $2,000, or by imprisonment of not
 
21           more than one year, or both, and all firearms used in
 
22           the commission of such violations shall be considered
 
23           contraband to be forfeited to and disposed of by the
 

 
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 1           State.
 
 2      (c)  Any person who violates section 183D-35, 183D-36,
 
 3 183D-37, 183D-38, 183D-39, 183D-40, or 183D-42 shall be guilty of
 
 4 a petty misdemeanor, and upon conviction thereof, shall be fined
 
 5 not less than $100 [nor more than $1,000] or imprisoned not more
 
 6 than thirty days, or both.
 
 7      (d)  In addition to any other penalty imposed under this
 
 8 section, a mandatory fine of $100 shall be levied for each bird
 
 9 illegally taken under this chapter and a mandatory fine of $500
 
10 shall be levied for each mammal illegally taken under this
 
11 chapter.
 
12      (e)  Any person who is convicted of violating any of the
 
13 game laws of the State shall immediately have their hunting
 
14 license forfeited and any person convicted for a second offense
 
15 shall not be granted a license to hunt for a period of three
 
16 years after the date of the second conviction.
 
17      (f)  The court, in lieu of the actual cash payment of any
 
18 mandatory fine, may allow the defendant to perform such community
 
19 service as directed by the department of land and natural
 
20 resources at the rate of one hour of service for every $10 of
 
21 mandatory fine imposed.
 
22      (g)  Any criminal action against a person for any violation
 
23 of this [section] chapter shall not be deemed to preclude the
 

 
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 1 State from pursuing civil legal action to recover administrative
 
 2 fines and costs against that person.  Any civil legal action
 
 3 against a person to recover administrative fines and costs for
 
 4 any violation of subtitle 4 of title 12 or any rule adopted
 
 5 thereunder shall not be deemed to preclude the State from
 
 6 pursuing any criminal action against that person."
 
 7      SECTION 2.  This Act does not affect rights and duties that
 
 8 matured, penalties that were incurred, and proceedings that were
 
 9 begun, before its effective date.
 
10      SECTION 3.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 4.  This Act shall take effect upon its approval.
 

 
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