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SB-1041 Hunting: deer: use of dogs.(2019-2020)

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Date Published: 02/18/2020 09:00 PM
SB1041:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1041

Introduced by Senator Hueso

February 18, 2020

An act to amend Section 3960 of the Fish and Game Code, relating to hunting.


LEGISLATIVE COUNSEL'S DIGEST


SB 1041, as introduced, Hueso. Hunting: deer: use of dogs.
Existing law, with specified exceptions, makes it unlawful to permit or allow any dog to pursue any big game mammal during the closed season on that mammal, to pursue any fully protected, rare, or endangered mammal at any time, to pursue any bear or bobcat at any time, or to pursue any mammal in a game refuge or ecological reserve if hunting within that refuge or ecological reserve is unlawful. Existing law authorizes the Department of Fish and Wildlife to capture a dog not under the reasonable control of its owner or handler that is pursuing these animals in violation of this prohibition or to capture or dispatch a dog inflicting injury or immediately threatening to inflict injury on these animals under specified circumstances. Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under the code, is generally a crime.
This bill would make it unlawful to use any dog for the purpose of hunting deer at any time. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program. The bill would authorize the department to capture or dispatch a dog being used to hunt deer under specified circumstances.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3960 of the Fish and Game Code is amended to read:

3960.
 (a) As used in this section:
(1) “Pursue” means pursue, run, or chase.
(2) “Bear” means any black bear (Ursus americanus) found in the wild in this state.
(b) It is unlawful to permit or allow any dog to pursue any big game mammal during the closed season on that mammal, to pursue any fully protected, rare, or endangered mammal at any time, to pursue any bear or bobcat at any time, or to pursue any mammal in a game refuge or ecological reserve if hunting within that refuge or ecological reserve is unlawful.
(c) It is unlawful to use any dog for the purpose of hunting deer at any time.

(c)

(d) (1) The department may take any of the following actions:
(A) Capture any dog not under the reasonable control of its owner or handler, when that uncontrolled dog is pursuing, in violation of this section, any big game mammal, any bear or bobcat, or any fully protected, rare, or endangered mammal.
(B) Capture or dispatch any dog inflicting injury or immediately threatening to inflict injury to any big game mammal during the closed season on that mammal, and the department may capture or dispatch any dog inflicting injury or immediately threatening to inflict injury on any bear or bobcat at any time, or any fully protected, rare, or endangered mammal at any time.
(C) Capture or dispatch any dog inflicting injury or immediately threatening to inflict injury to any mammal in a game refuge or ecological reserve if hunting within that refuge or ecological reserve is unlawful.
(D) Capture or dispatch any dog that is being used to hunt deer in violation of subdivision (c) and that is inflicting injury or immediately threatening to inflict injury to any deer.
(2) No criminal or civil liability shall accrue to any department employee as a result of enforcement of this section.
(3) This section does not apply to the use of dogs to pursue bears or bobcats by federal, state, or local law enforcement officers, or their agents or employees, when carrying out official duties as required by law.
(4) Owners of dogs with identification, that have been captured or dispatched, shall be notified within 72 hours after capture or dispatch.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.