SB 196: "An Act creating an affirmative defense and an exemption from payment of fines and restitution for a person who reports the person's own first-time unlawful taking of certain big game animals."
00 SENATE BILL NO. 196 01 "An Act creating an affirmative defense and an exemption from payment of fines and 02 restitution for a person who reports the person's own first-time unlawful taking of 03 certain big game animals." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 16.05.925 is amended to read: 06 Sec. 16.05.925. Penalty for violations. (a) Except as provided in 07 AS 16.05.430, 16.05.665, 16.05.722, 16.05.723, 16.05.783, 16.05.831, 16.05.861, 08 [AND] 16.05.905, and (c) of this section, a person who violates AS 16.05.920 or 09 16.05.921, or a regulation adopted under this chapter or AS 16.20, is guilty of a class 10 A misdemeanor. 11 (b) In addition to a penalty imposed under (a) of this section or any other 12 penalty for violation of this title or a regulation adopted under this title, a person who 13 is convicted of unlawfully taking an animal listed in this subsection may, except as 14 provided by (e) of this section, be ordered by the court to pay restitution to the state
01 in the amount set out in this subsection for each animal unlawfully taken: 02 (1) Bear, black ............................................................................ $ 600 03 (2) Bear, brown or grizzly .......................................................... 1,300 04 (3) Bison ..................................................................................... 1,300 05 (4) Caribou ..................................................................................... 850 06 (5) Deer .......................................................................................... 400 07 (6) Elk ............................................................................................ 80 08 (7) Goat .......................................................................................... 800 09 (8) Moose .................................................................................... 1,000 10 (9) Musk oxen ............................................................................. 3,000 11 (10) Sheep ................................................................................... 1,100 12 (11) Wolf ....................................................................................... 500 13 (12) Wolverine .............................................................................. 500. 14 * Sec. 2. AS 16.05.925 is amended by adding new subsections to read: 15 (c) In a prosecution for unlawfully taking an animal listed in (b) of this section 16 that did not meet the sex, age, or size limitations adopted by the Board of Game under 17 AS 16.05.255(a)(4), it is an affirmative defense, which reduces the crime to a 18 violation, that the defendant 19 (1) voluntarily and promptly reported the taking to the department or a 20 state law enforcement officer engaged in fish and wildlife protection; and 21 (2) surrendered to the department all salvaged portions of the animal, 22 including, as may be applicable, its horns, antlers, hide, and skull. 23 (d) The affirmative defense provided by (c) of this section does not apply if 24 the defendant has previously been convicted of taking an animal listed in (b) of this 25 section that did not meet the sex, age, or size limitations adopted by the Board of 26 Game under AS 16.05.255(a)(4). 27 (e) Notwithstanding AS 12.55.035 and (b) of this section, a defendant who 28 successfully establishes the affirmative defense provided by (c) of this section may not 29 be required to pay a fine under AS 12.55.035 or restitution under (b) of this section. 30 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. In AS 16.05.925(d), added by sec. 2 of this Act, the reference to a 02 previous conviction for taking an animal includes convictions occurring before, on, or after 03 the effective date of this Act.