BY REPRESENTATIVES Udall, Bacon, Grossman, S. Johnson, Kaufman, Nichol, Reeser, Saliman, Snyder, Sullivant, Takis, Tupa, Veiga, and Zimmerman;
also SENATORS Bishop, Chlouber, Matsunaka, Phillips,
Reeves, Rupert, and Wham.
CONCERNING AN INCREASE IN THE PENALTIES FOR POACHING
CERTAIN BIG GAME ANIMALS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 336109,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
336109. Wildlife
illegal possession. (3.4) (a) IN
ADDITION TO THE CRIMINAL PENALTIES LISTED IN SUBSECTION (3) OF
THIS SECTION, THERE SHALL BE ASSESSED A FURTHER PENALTY IN THE
FOLLOWING AMOUNT FOR EACH OF THE FOLLOWING BIG GAME ANIMALS ILLEGALLY
TAKEN:
(I) FOR EACH BULL ELK WITH AT LEAST SIX
POINTS ON ONE ANTLER BEAM, TEN THOUSAND DOLLARS;
(II) FOR EACH MULE DEER BUCK WITH AN INSIDE
ANTLER SPREAD OF AT LEAST TWENTYTWO INCHES, TEN THOUSAND
DOLLARS;
(III) FOR EACH WHITETAIL DEER BUCK WITH
AN INSIDE ANTLER SPREAD OF AT LEAST EIGHTEEN INCHES, TEN THOUSAND
DOLLARS;
(IV) FOR EACH BULL MOOSE, TEN THOUSAND
DOLLARS;
(V) FOR EACH BIGHORN SHEEP WITH A HORN
LENGTH OF AT LEAST ONEHALF CURL, TWENTYFIVE THOUSAND
DOLLARS;
(VI) FOR EACH MOUNTAIN GOAT, TEN THOUSAND
DOLLARS;
(VII) FOR EACH PRONGHORN ANTELOPE WITH
A HORN LENGTH OF AT LEAST FOURTEEN INCHES, FOUR THOUSAND DOLLARS.
(b) (I) NOTWITHSTANDING THE PROVISIONS OF SECTION
244.2104 (1) (b) (II), C.R.S., NO VICTIMS AND WITNESSES
ASSISTANCE AND LAW ENFORCEMENT FUND SURCHARGE SHALL BE LEVIED
AGAINST THE ADDITIONAL AMOUNT OF THE PENALTY IMPOSED UNDER THIS
SUBSECTION (3.4). THE VICTIMS AND WITNESSES ASSISTANCE AND LAW
ENFORCEMENT FUND SURCHARGE SHALL ONLY BE LEVIED AGAINST THE AMOUNT
OF THE FINE IMPOSED UNDER SUBSECTION (3) OF THIS SECTION.
(II) NOTWITHSTANDING THE PROVISIONS OF SECTION 33-6-105,
ALL MONEYS COLLECTED AS ADDITIONAL PENALTIES UNDER THIS SUBSECTION
(3.4) SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT
SUCH MONEYS TO THE COLORADO TOWN, CITY, COUNTY, OR CITY AND COUNTY
WHERE THE ARREST FOR THE OFFENSE WAS MADE OR THE CITATION FOR
THE OFFENSE WAS ISSUED. SUCH ADDITIONAL PENALTIES MAY BE USED
TO FURTHER LAW ENFORCEMENT OR WILDLIFE RELATED PROGRAMS.
SECTION 2. No appropriation.
The general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.
SECTION 3. Effective date
applicability. This act shall take
effect upon passage, and shall apply to acts committed on or after
said date.
SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO