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HOUSE BILL No. 1511

Citations Affected: IC 14-22.

Synopsis: Spotlighting wild animals. Defines "spotlight" as a projected spot of light used to direct a narrow, intense beam on a person, animal, or object. Provides that a person who, between October 1 and January 15, shines a spotlight, searchlight, or other artificial light upon a wild bird or wild animal for the purpose of locating a wild bird or wild animal commits a Class C infraction. Establishes certain exceptions. Requires a court to suspend for two years the hunting, fishing, and trapping license privileges of a person who incurs a second conviction or judgment for shining a light on a wild bird or wild animal. Provides that certain violations of fish and wildlife law result in suspension of the violator's fish and wildlife license privileges, rather than revocation of the license. Allows a court to suspend certain fish and wildlife license privileges for two years for a violation of a wildlife protection law.

Effective: July 1, 2013.

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VanNatter, Karickhoff

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    January 22, 2013, read first time and referred to Committee on Natural Resources.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

SOURCE: IC 14-22-6-7; (13)IN1511.1.1. -->     SECTION 1. IC 14-22-6-7, AS AMENDED BY P.L.151-2012, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) This section does not apply to an employee of the department, an employee of a federal wildlife management agency, or a person who:
        (1) is acting in the performance of the employee's or a person's duties or in accordance with the conditions of a license; and
        (2) has received the express written consent of the director for the employee's or person's action.
     (b) For the purposes of this section, "spotlight" means a projected spot of light used to direct a narrow, intense beam on a person, animal, or object.
    (b) (c) An individual may not knowingly throw or cast the rays of any spotlight or other artificial light:
        (1) not required by law on a motor vehicle; and
        (2) in search of or upon any wild bird or wild animal;
from a vehicle while the person possesses a firearm, bow, or crossbow,

if by throwing or casting the rays a wild bird or wild animal could be killed. This subsection applies even though the animal is not killed, injured, shot at, or otherwise pursued.
    (c) (d) An individual may not take any wildlife, except furbearing mammals, with the aid of illumination of any spotlight, searchlight, or other artificial light.
    (d) (e) An individual may not shine a spotlight, searchlight, or other artificial light for the purpose of taking, attempting to take, or assisting another person to take a deer.
    (f) Except as provided by subsection (d), a person who, after September 30 and before January 16, shines a spotlight, searchlight, or other artificial light upon a wild bird or wild animal for the purpose of locating a wild bird or wild animal commits a Class C infraction. This subsection does not apply to the following:
        (1) The shining of a vehicle's headlights on a wild bird or wild animal while the vehicle is operated in a lawful manner upon a street, highway, or roadway.
        (2) A person using a spotlight, searchlight, or other artificial light on property owned or leased by that person or by a member of that person's immediate family.
        (3) A person using a spotlight, searchlight, or other artificial light in an emergency situation.
        (4) A person engaged in farming operations, including an employee or contractor.
    (g) In addition to any other penalty allowed under this article, if a court:
        (1) convicts or enters judgment against a person for a violation of this section; and
        (2) determines that the person has a prior unrelated conviction or judgment under this section;
the court shall suspend the person's hunting, fishing, and trapping license privileges for two (2) years.

SOURCE: IC 14-22-11-15; (13)IN1511.1.2. -->     SECTION 2. IC 14-22-11-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 15. (a) Each license and permit issued under this article is issued upon the express condition, to which the licensee or permittee by acceptance of the license or permit is considered to agree and consent, that the licensee or permittee will obey and comply with the following:
        (1) All the terms, conditions, and rules:
            (A) made by the director under this article; and
            (B) incorporated in or attached to the license or permit when issued.

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        (2) This article.
        (3) A wildlife law (as defined by IC 14-22-41-4(p)) while the licensee is in another jurisdiction that has adopted the wildlife violator compact (IC 14-22-41).
    (b) A license or permit may be revoked suspended by the director at any time without refund for any of the following:
        (1) Failure to comply with or violation of the terms, conditions, rules, or restrictions incorporated in or attached to the license or permit when issued.
        (2) Violation of this article.
        (3) Violation of a wildlife law (as defined by IC 14-22-41-4(p)) while the licensee is in another jurisdiction that has adopted the wildlife violator compact (IC 14-22-41).
    (c) A person whose license privileges or permit has privileges have been revoked suspended by the director under this article may, by written request to the director, have a hearing on the revocation. suspension. Upon receipt of written request for a hearing on the revocation, suspension, the director shall do the following:
        (1) Set a date for the hearing, which may not be more than fifteen (15) days from the date of receipt of the request.
        (2) Give the person requesting the hearing at least five (5) days notice of the date of the hearing, which shall be held in the office of the director.
        (3) Receive and keep a record of all evidence presented by the person.
        (4) After considering the evidence presented at the hearing, rescind or affirm the order revoking suspending the license privileges or permit privileges.
    (d) Every court having jurisdiction of an offense committed in violation of an Indiana law for the protection of wildlife may, at the court's discretion, revoke suspend the license privileges of the offender for any of the following periods:
        (1) Thirty (30) days.
        (2) Sixty (60) days.
        (3) Ninety (90) days.
        (4) One (1) year.
         (5) Two (2) years.
    (e) After a revocation, the court shall forward to the division a record of the conviction of the person in the court for a violation of the law. At the time of the conviction, the court shall do the following:
        (1) Obtain the license certificate of the defendant.
        (2) Return the license certificate to the division.