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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 531
BY SENATOR PEACOCK
TRESPASS. Provides for forfeiture of and payment to landowners for wildlife killed in the
course of trespass on private property. (8/1/12)
AN ACT1
To amend and reenact R.S. 56:39(A) and to enact R.S. 14:63(G)(5), relative to criminal2
trespass; to provide relative to penalties for criminal trespass; to provide for3
forfeiture of and payment for the killing of wildlife in the course of a criminal4
trespass; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:63(G)(5) is hereby enacted to read as follows: 7
§63. Criminal trespass8
* * *9
G. The following penalties shall be imposed for a violation of this Section:10
* * *11
(5) In addition to the foregoing penalties, and notwithstanding any other12
law to the contrary, a person convicted under this Section who has killed or13
otherwise misappropriated any wildlife, as defined by R.S. 56:8, in the course14
of commission of the offense shall forfeit the misappropriated wildlife to the law15
enforcement authority, and shall be ordered to pay the value of the16
misappropriated wildlife into the Conservation Fund of the Department of17 SB NO. 531
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Wildlife and Fisheries in accordance with R.S. 56:40.1 et seq. The value of the1
wildlife that was misappropriated shall be determined by the guidelines adopted2
by the Wildlife and Fisheries Commission pursuant to R.S. 56:40.2.3
* * *4
Section 2. R.S. 56:39(A) is hereby amended and reenacted to read as follows:5
§39. Forfeiture of quadrupeds, birds, and fish; Fish and Wildlife Violations Reward6
Fund, creation and use of fund monies7
A. In addition to all other penalties provided in this Chapter, violators subject8
to the provisions of R.S. 56:31 through R.S. 56:37.1 or R.S. 14:63(G)(5) shall upon9
conviction forfeit any quadrupeds, birds, fish, or other animals seized in connection10
with said violation.11
* * *12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Peacock (SB 531)
Present law provides the following penalties for conviction of criminal trespass:
1. For the first offense, a fine of between $100 and $500, or imprisonment for up to 30
days, or both.
2. For the second offense, a fine of between $300 and $750, or imprisonment for up to
90 days, or both.
3. For the third and subsequent offenses, a fine of between $500 and $1,000, or
imprisonment for between 60 days and 6 months, or both, and forfeiture to the law
enforcement authority of any property seized in connection with the violation.
Present law also provides that a person may be convicted of a second offense and any
subsequent offenses, regardless of whether any prior conviction involved the same structure,
watercraft, movable or immovable property and regardless of the time sequence of the
occurrence of the offenses.
Proposed law retains present law, and adds that in addition to these penalties, a person
convicted of criminal trespass who has killed or otherwise misappropriated any "wildlife,"
as defined by present law, in the course of commission of the offense must forfeit the
misappropriated wildlife to the law enforcement authority, and is to be ordered to pay the
value of the misappropriated wildlife into the Conservation Fund of the Dept. of Wildlife
and Fisheries in accordance with present law.
Proposed law further provides that the value of the wildlife that was misappropriated is to
be determined by the guidelines adopted by the Wildlife and Fisheries Commission pursuant
to present law. SB NO. 531
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law defines "wildlife" as "all species of wild vertebrates."
Proposed law retains present law.
Effective August 1, 2012.
(Adds R.S. 14:63(G)(5))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill.
1. Changes recipient of value of misappropriated wildlife from landowner to
Conservation Fund of the Dept. of Wildlife and Fisheries.
2. Change basis for determining value of misappropriated wildlife from the
court to guidelines adopted by the Wildlife and Fisheries Commission.