H.B. 34 Enrolled

1

PENALTIES FOR DESTRUCTION OF BALD
2 EAGLE
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Roger E. Barrus
6 Senate Sponsor: Margaret Dayton
7
8 LONG TITLE
9 General Description:
10 This bill modifies protected wildlife and minimum restitution values for certain
11 wildlife.
12 Highlighted Provisions:
13 This bill:
14 . establishes the value of a bald eagle for the purpose of determining the penalty for
15 the wanton destruction of a bald eagle; and
16 . establishes the suggested minimum restitution value for a bald eagle.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 23-20-4, as last amended by Laws of Utah 2004, Chapter 276
24 23-20-4.5, as last amended by Laws of Utah 2004, Chapter 119
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 23-20-4 is amended to read:
28 23-20-4. Wanton destruction of protected wildlife -- Penalties.
29 (1) A person is guilty of wanton destruction of protected wildlife if that person:

30 (a) commits an act in violation of Section 23-13-4 , 23-13-5 , 23-13-13 , 23-15-6
31 through 23-15-9 , 23-16-5 , or Subsection 23-20-3 (1);
32 (b) captures, injures, or destroys protected wildlife; and
33 (c) (i) does so with intentional, knowing, or reckless conduct as defined in Section
34 76-2-103 ;
35 (ii) intentionally abandons protected wildlife or a carcass;
36 (iii) commits the offense at night with the use of a weapon;
37 (iv) is under a court or division revocation of a license, tag, permit, or certificate of
38 registration; or
39 (v) acts for pecuniary gain.
40 (2) Subsection (1) does not apply to actions taken [which are] in accordance with [the
41 following]:
42 (a) Title 4, Chapter 14, Utah Pesticide Control Act;
43 (b) Title 4, Chapter 23, [Agriculture] Agricultural and Wildlife Damage Prevention
44 Act; or
45 (c) Section 23-16-3.1 .
46 (3) Wanton destruction of wildlife is punishable:
47 (a) as a third degree felony if:
48 (i) the aggregate value of the protected wildlife determined by the values in Subsection
49 (4) is more than $500; or
50 (ii) a trophy animal was captured, injured, or destroyed;
51 (b) as a class A misdemeanor if the aggregate value of the protected wildlife, [other
52 than any trophy animal,] determined by the values established in Subsection (4) is more than
53 $250, but does not exceed $500; and
54 (c) as a class B misdemeanor if the aggregate value of the protected wildlife
55 determined by the values established in Subsection (4) is $250 or less.
56 (4) Regardless of the restitution amounts imposed under Subsection 23-20-4.5 (2), the
57 following values are assigned to protected wildlife for the purpose of determining the offense

58 for wanton destruction of wildlife:
59 (a) $1,000 per animal for:
60 (i) bison;
61 (ii) bighorn sheep;
62 (iii) rocky mountain goat;
63 (iv) moose;
64 (v) bear;
65 (vi) peregrine falcon; [or]
66 (vii) bald eagle; or
67 [(vii)] (viii) endangered species;
68 (b) $750 per animal for:
69 (i) elk; or
70 (ii) threatened species;
71 (c) $500 per animal for:
72 (i) cougar;
73 (ii) golden eagle;
74 (iii) river otter; or
75 (iv) gila monster;
76 (d) $400 per animal for:
77 (i) pronghorn antelope; or
78 (ii) deer;
79 (e) $350 per animal for bobcat;
80 (f) $100 per animal for:
81 (i) swan;
82 (ii) sandhill crane;
83 (iii) turkey;
84 (iv) pelican;
85 (v) loon;

86 (vi) egrets;
87 (vii) herons;
88 (viii) raptors, except those that are threatened or endangered;
89 (ix) Utah milk snake; or
90 (x) Utah mountain king snake;
91 (g) $35 per animal for furbearers, except:
92 (i) bobcat;
93 (ii) river otter; and
94 (iii) threatened or endangered species;
95 (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,
96 largemouth bass, smallmouth bass, and wiper;
97 (i) $15 per animal for game birds, except:
98 (i) turkey;
99 (ii) swan; and
100 (iii) sandhill crane;
101 (j) $10 per animal for game fish not listed in Subsection (4)(h);
102 (k) $8 per pound dry weight of processed brine shrimp including eggs; and
103 (l) $5 per animal for protected wildlife not listed.
104 (5) For purposes of sentencing for a wildlife violation, a person who has been
105 convicted of a third degree felony under Subsection (3)(a) is not subject to the mandatory
106 sentencing requirements prescribed in Subsection 76-3-203.8 (4).
107 (6) As part of [any] a sentence imposed, the court shall impose a sentence of
108 incarceration of not less than 20 consecutive days for [any] a person convicted of a third
109 degree felony under Subsection (3)(a)(ii) who captured, injured, or destroyed a trophy animal
110 for pecuniary gain.
111 (7) If a person has already been convicted of a third degree felony under Subsection
112 (3)(a)(ii) once, each separate [further] additional offense under Subsection (3)(a)(ii) is
113 punishable by, as part of [any] a sentence imposed, a sentence of incarceration of not less than

114 20 consecutive days.
115 (8) The court may not sentence a person subject to Subsection (6) or (7) to less than 20
116 consecutive days of incarceration or suspend the imposition of the sentence unless the court
117 finds mitigating circumstances justifying lesser punishment and makes that finding a part of
118 the court record.
119 Section 2. Section 23-20-4.5 is amended to read:
120 23-20-4.5. Illegal taking, possession, or wanton destruction of protected wildlife
121 -- Restitution -- Reimbursable damages -- Assessment by magistrates -- Disposition of
122 monies.
123 (1) When a person is adjudged guilty of illegal taking, illegal possession, or wanton
124 destruction of protected wildlife, other than [any] a trophy animal, the court may order the
125 defendant to pay restitution:
126 (a) as set forth in Subsection (2)[,]; or
127 (b) in a greater or lesser amount[, for the value of each animal taken, possessed, or
128 destroyed, unless the court finds that restitution is inappropriate] than the amount established
129 in Subsection (2).
130 (2) Suggested minimum restitution values for protected wildlife are as follows:
131 (a) $1,000 per animal for:
132 (i) bison;
133 (ii) bighorn sheep;
134 (iii) rocky mountain goat;
135 (iv) moose;
136 (v) bear;
137 (vi) peregrine falcon; [or]
138 (vii) bald eagle; or
139 [(vii)] (viii) endangered species;
140 (b) $750 per animal for:
141 (i) elk; or

142 (ii) threatened species;
143 (c) $500 per animal for:
144 (i) golden eagle;
145 (ii) river otter; or
146 (iii) gila monster;
147 (d) $400 per animal for:
148 (i) pronghorn antelope; or
149 (ii) deer;
150 (e) $350 per animal for:
151 (i) cougar; or
152 (ii) bobcat;
153 (f) $100 per animal for:
154 (i) swan;
155 (ii) sandhill crane;
156 (iii) turkey;
157 (iv) pelican;
158 (v) loon;
159 (vi) egrets;
160 (vii) herons;
161 (viii) raptors, except those that are threatened or endangered;
162 (ix) Utah milk snake; or
163 (x) Utah mountain king snake;
164 (g) $35 per animal for furbearers, except:
165 (i) bobcat;
166 (ii) river otter; and
167 (iii) threatened or endangered species;
168 (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,
169 largemouth bass, smallmouth bass, and wiper;

170 (i) $15 per animal for game birds, except:
171 (i) turkey;
172 (ii) swan; and
173 (iii) sandhill crane;
174 (j) $10 per animal for game fish not listed in Subsection (2)(h);
175 (k) $8 per pound dry weight of processed brine shrimp including eggs; and
176 (l) $5 per animal for protected wildlife not listed.
177 (3) If the court finds that restitution is inappropriate or if the value imposed is less
178 than the suggested minimum value as provided in Subsection (2), the court shall make the
179 reasons for the decision part of the court record.
180 (4) (a) The court shall order [any] a person convicted of a third degree felony under
181 Subsection 23-20-4 (3)(a)(ii) to pay restitution in accordance with Subsection (4)(b).
182 [Minimum]
183 (b) The minimum restitution [values] value for a trophy [animals are] animal is as
184 follows:
185 [(a)] (i) $30,000 per animal for bighorn, desert, or rocky mountain sheep;
186 [(b)] (ii) $8,000 per animal for deer;
187 [(c)] (iii) $8,000 per animal for elk;
188 [(d)] (iv) $6,000 per animal for moose or mountain goat;
189 [(e)] (v) $6,000 per animal for bison; and
190 [(f)] (vi) $2,000 per animal for pronghorn antelope.
191 (5) [Any restitution] Restitution paid under Subsection (4) shall be remitted to the
192 division and deposited in the Wildlife Resources Account.
193 (6) Restitution monies shall be used by the division for activities and programs to help
194 stop poaching, including:
195 (a) educational programs on wildlife crime prevention;
196 (b) acquisition and development of wildlife crime detection equipment;
197 (c) operation and maintenance of anti-poaching projects; and

198 (d) wildlife law enforcement training.
199 (7) If restitution is required it shall be in addition to:
200 (a) [any other] a fine or penalty imposed for a violation of any provision of this title;
201 and
202 (b) [any] a remedial action taken to revoke or suspend a person's license, permit, tag,
203 or certificate of registration.
204 (8) A judgment imposed under this section constitutes a lien when recorded in the
205 judgment docket and shall have the same effect and is subject to the same rules as a judgment
206 for money in a civil action.