H.B. 255

1

WILDLIFE RESTITUTION AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Roger E. Barrus
5
6 LONG TITLE
7 General Description:
8 This bill amends provisions of the restitution section in the wildlife code.
9 Highlighted Provisions:
10 This bill:
11 . clarifies the restitution value for threatened or endangered raptors.
12 Monies Appropriated in this Bill:
13 None
14 Other Special Clauses:
15 None
16 Utah Code Sections Affected:
17 AMENDS:
18 23-20-4.5, as last amended by Chapter 125, Laws of Utah 2003
19
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 23-20-4.5 is amended to read:
22 23-20-4.5. Illegal taking, possession, or wanton destruction of protected wildlife --
23 Restitution -- Reimbursable damages -- Assessment by magistrates -- Disposition of
24 monies.
25 (1) When a person is adjudged guilty of illegal taking, illegal possession, or wanton
26 destruction of protected wildlife, other than any trophy animal, the court may order the
27 defendant to pay restitution as set forth in Subsection (2), or a greater or lesser amount, for the

28 value of each animal taken, possessed, or destroyed, unless the court finds that restitution is
29 inappropriate.
30 (2) Suggested minimum restitution values for protected wildlife are as follows:
31 (a) $1,000 per animal for:
32 (i) bison;
33 (ii) bighorn sheep;
34 (iii) rocky mountain goat;
35 (iv) moose;
36 (v) bear;
37 (vi) peregrine falcon; or
38 (vii) endangered species;
39 (b) $750 per animal for:
40 (i) elk; or
41 (ii) threatened species;
42 (c) $500 per animal for:
43 (i) cougar;
44 (ii) golden eagle;
45 (iii) river otter; or
46 (iv) gila monster;
47 (d) $400 per animal for:
48 (i) pronghorn antelope; or
49 (ii) deer;
50 (e) $350 per animal for bobcat;
51 (f) $100 per animal for:
52 (i) swan;
53 (ii) sandhill crane;
54 (iii) turkey;
55 (iv) pelican;
56 (v) loon;
57 (vi) egrets;
58 (vii) herons;

59 (viii) raptors, except those that are threatened or endangered;
60 (ix) Utah milk snake; or
61 (x) Utah mountain king snake;
62 (g) $35 per animal for furbearers, except:
63 (i) bobcat;
64 (ii) river otter; and
65 (iii) threatened or endangered species;
66 (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,
67 largemouth bass, smallmouth bass, and wiper;
68 (i) $15 per animal for game birds, except:
69 (i) turkey;
70 (ii) swan; and
71 (iii) sandhill crane;
72 (j) $10 per animal for game fish not listed in Subsection (2)(h);
73 (k) $8 per pound dry weight of processed brine shrimp including eggs; and
74 (l) $5 per animal for protected wildlife not listed.
75 (3) If the court finds that restitution is inappropriate or if the value imposed is less than
76 the suggested minimum value as provided in Subsection (2), the court shall make the reasons
77 for the decision part of the record.
78 (4) The court shall order any person convicted of a third degree felony under
79 Subsection 23-20-4 (3)(a)(ii) to pay restitution. Minimum restitution values for trophy animals
80 are as follows:
81 (a) $30,000 per animal for bighorn, desert, or rocky mountain sheep;
82 (b) $8,000 per animal for deer;
83 (c) $8,000 per animal for elk;
84 (d) $6,000 per animal for moose or mountain goat;
85 (e) $6,000 per animal for bison; and
86 (f) $2,000 per animal for pronghorn antelope.
87 (5) Any restitution shall be remitted to the division and deposited in the Wildlife
88 Resources Account.
89 (6) Restitution monies shall be used by the division for activities and programs to help

90 stop poaching, including:
91 (a) educational programs on wildlife crime prevention;
92 (b) acquisition and development of wildlife crime detection equipment;
93 (c) operation and maintenance of anti-poaching projects; and
94 (d) wildlife law enforcement training.
95 (7) If restitution is required it shall be in addition to:
96 (a) any other fine or penalty imposed for a violation of any provision of this title; and
97 (b) any remedial action taken to revoke or suspend a person's license, permit, tag, or
98 certificate of registration.
99 (8) A judgment imposed under this section constitutes a lien when recorded in the
100 judgment docket and shall have the same effect and is subject to the same rules as a judgment
101 for money in a civil action.




Legislative Review Note
as of 1-21-04 1:18 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel