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HB 128: HUNTING & FISHING INFRACTION PENALTIES

An Act Relating To Game And Fish; Amending Sections Of Chapter 17 Nmsa 1978 To Provide Stricter Penalties For Major Violations And A Penalty Assessment Option For A Minor Violation Of Hunting And Fishing Infractions.

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MILD HB 128
HUNTING & FISHING INFRACTION PENALTIES

Legislative URL:
HB 128 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
SCONC
Action:
HPREF [5] HHGIC/HJC-HHGIC [13] DP-HJC- DP - PASSED/H (64-0) [11] SCONC/SJC-SCONC [17] DP/a-SJC API.
Issue(s):

Companion Bills

Bills:
HUNTING & FISHING INFRACTION PENALTIES

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
HHGIC Committee Report
HJC Committee Report
Final House Vote
Fiscal Impact Repot
Summary

This bill amends current law regarding the penalties for wasting game as a result of poaching by elevating to a fourth degree felony the poaching of bighorn sheep, ibex, oryx, Barbary sheep, elk, deer or pronghorn antelope that results in waste of the animal.

Poaching and wasting other game remains a misdemeanor. The violator will be sentenced in accordance with Section 31-18-15 NMSA 1978 from the criminal procedure code. It allows for imprisonment up to 18 months and/or a fine of up to $5,000.

 

The bill also amends current law so that sentencing for misdemeanors will be made pursuant to Section 31-19-1 NMSA 1978, a section from the criminal procedure code. It provides for imprisonment up to 1 year and/or a fine of up to $1 thousand.

 

Finally, the bill adds two new penalty assessment misdemeanors. The first is a $50 penalty assessment for fishing, hunting or trapping without the proper stamp or validation and the second is a penalty assessment misdemeanor of $125 for violating the “manner and method rule.” A penalty assessment is similar to a traffic ticket in that the person may choose simply to pay the assessment rather than go through a hearing or court proceeding.

 

The bill is the same as HB 55 from the 2013 legislative session as it was amended.

SB 157 is a companion bill.

Date of Analysis:  1/21/14

Outcome:

HB 128 passed the House (64-0), but died in the Senate Judiciary Committee.

 

Updated 7/31/14