TallyIDAHOLegislative Tracker
H05282020 Regular SessionSigned into law

Amends existing law to revise provisions regarding the unlawful killing, possession, or waste of wildlife.

FISH AND GAME -- Amends existing law to revise provisions regarding the unlawful killing, possession, or waste of wildlife.

FISH AND GAME

STATEMENT OF PURPOSE

This bill amends Section 36-1401, Idaho Code, to make clear that it is a felony to unlawfully kill, possess, or wastewildlifewithinatwelve-monthperiod,whosesingleorcombinedstatutoryreimbursementvalueisgreater than$1,000. OnFebruary7,2020,theIdahoCourtofAppealsissuedadecisioninthecaseofStatev. Huckabay, which changed the longstanding application of Section 36-1401(c)(3) to the unlawful killing, possession or waste of a single bighorn sheep, mountain goat, moose, trophy deer, trophy elk, or trophy pronghorn, which each has a reimbursement value under Section 36-1404, Idaho Code, of greater than $1,000. In Huckabay the Court of Appeals held that felony charges in the language of Section 36-1401(c)(3) only applies to a person who kills, possesses, or wastes multiple animals. The Court held felony charges do not apply if only one highly valuableanimalisillegallykilled,possessed,orwasted. ThepracticaleffectofthedecisioninHuckabayisthata personwhoillegallytakesasingleanimaldeemedbylawtobehighlyvaluableisonlysubjecttoamisdemeanor penalty rather than the traditional felony penalty. The proposed amendment restores the traditional application of Section 36-1401(c)(3), making it clear that it is a felony to unlawfully kill, possess, or waste wildlife in a 12-month period whose value is greater than $1,000, including the killing, possession, or waste of either a single animal or a combination of animals of this value.

HOW THEY VOTED

house Chamber· Feb 28, 2020

House Third Reading

✓ Passed
45 Yea
16 Nay
9 absentPassed by 41.43 votes

LATEST ACTION

Reported Signed by Governor on March 19, 2020 Session Law Chapter 216 Effective: 03/19/2020

BILL INFO

Session
2020
Chamber
house
Status date
Mar 20, 2020

LINKS

View on Idaho Legislature ↗