04/03/1996 03:55 PM Senate RES

                                                                               
         HB 329 RESTITUTION FOR CERTAIN GAME VIOLATIONS                       
                                                                              
 SENATOR LEMAN announced  HB 329  to be up for consideration.                  
                                                                               
 REPRESENTATIVE BUNDE, sponsor, said HB 329 allows for some                    
 financial reimbursement to the State for our wildlife resources.              
 Current statutes have no compensation to the State for the loss of            
 the value of the wildlife resource involved in a crime.  HB 329               
 provides a schedule of restitution for wildlife violators to repay            
 as a condition of sentencing.                                                 
                                                                               
 SENATOR LEMAN said he hoped that they wouldn't be prosecuting in a            
 situation where a person accidentally takes an animal and notifies            
 ADF&G and then the game is donated  to charity.  REPRESENTATIVE               
 BUNDE said it was not his intention to make problems for people who           
 make reasonable mistakes and he thought that was covered with the             
 discretion of the arresting officer and certainly with the                    
 discretion of the prosecutor as to whether it's a reasonable case             
 or not.  Also the bill says "may be ordered to pay restitution."              
 The judge also has discretion.                                                
                                                                               
 SENATOR TAYLOR gave some examples of people he thought had been               
 wrongfully prosecuted and he thought these instances were not rare            
 and could be found in every community across the State.  He thought           
 enforcement people frequently got overzealous in their efforts.               
                                                                               
 SENATOR LEMAN asked if the law differentiates between taking game             
 knowingly and unknowingly.  REPRESENTATIVE BUNDE said that                    
 ignorance is not an excuse and that applies in the law.                       
                                                                               
 CAPTAIN GRAHAM said the Division of Fish and Wildlife Protection              
 supports this bill.  He said they do have two classifications of              
 crimes, a misdemeanor which requires them to prove that a person              
 knowingly violated the law.  The penalties are higher and there is            
 jail time.  Then there is the strict liability regulation where               
 they do not have to consider the knowledge of the violator and the            
 penalties are substantially less and include no jail time.                    
                                                                               
 SENATOR LEMAN said the intent of the bill was to get restitution to           
 the State for the animals illegally taken.                                    
                                                                               
  TAPE 96-45, SIDE B                                                           
 Number 580                                                                    
                                                                               
 SENATOR LEMAN said it was the intent that the penalty isn't imposed           
 until after the criminal conviction is received and they would have           
 to see if additional language would be needed.                                
                                                                               
 REPRESENTATIVE ROKEBERG said he was trying to get to the worst case           
 violators where knowledge would be a factor and asked if the                  
 verbiage that he sent them would cover it.  CAPTAIN GRAHAM replied            
 that it wouldn't, but it would be an all encompassing sentence they           
 sent simply restricting it to fish and game laws.                             
                                                                               
 ANTHONY CRUPI, Alaska Environmental Lobby, said they support HB 329           
 with the proposed amendment because it provides restitution to the            
 State for illegal taking of its resources and discourages poaching.           
 He suggested putting a more equal value on Alaska's predators                 
 because they are an essential part of the ecosystem structure.                
                                                                               
 SENATOR LEMAN asked if he thought it was inappropriate to apply               
 these penalties to someone who inadvertently killed a moose.  MR.             
 CRUPI said he agreed with him and he thought Representative Bunde             
 had done a good job.                                                          
                                                                               
 SENATOR LEMAN thanked everyone for their help and said they would             
 work on the CS and pass it out on next Wednesday.