This bill changes many of the DNR violations from misdemeanors to infractions. The current law does need some updating (1 fish over a 25 bluegill bag limit probably shouldn't be a misdemeanor) but it is far too lenient in some other respects that could encourage poaching and worse here in Indiana. I would urge everyone to email Senator Steele and ask this bill be sent to the Natural Resources Summer Study and involve DNR in the review as they only had 6 hours to prepare for the senate hearings.

A person on another site contacted Steele about his bill and here is his response....

His reply:

Thank you for taking the time to right me regarding SB 52. As an avid hunter and outdoorsman let me start by saying that if any legislator knows the importance of the laws regarding Indiana’s laws regarding wildlife it is me. I’d like to point out that SB 52 does not change trespassing and hunting without a permission laws nor a number of other title 14 laws.

The current problem with the ones we did change is that many of the prosecutors will refuse to use their time to prosecute hunting and fishing violations. They are within their rights of prosecutor discretion to not prosecute same. In addition, the majority of cases they decide to prosecute are almost certainly pled down or deferred. So I decided to bring a bill that changed e some of the misdemeanors to infractions. In layman terms this makes the offender prove that he did not commit the offense rather than making the prosecutor prove beyond a reasonable doubt that the offender committed the offense. The end result I believe is that more individuals that break wildlife regulations will actually be held accountable and be punished at or above current levels.
Thanks again for writing-I hope If I can ever be of assistance to you in the future, please do not hesitate to let me know.

Brent


Thoughts???

It's still unclear to me. I have a white paper the DNR law enforcement folks prepared with 6 hours warning. I'd still like to see it go to Nat Resources Summer Study so it can be made clearer and with DNR involvment this time.

Friends,
The Indiana House of Representatives will hear a proposed bill this week that will be very detrimental to Indiana's Natural Resources. SB 52, in short, will take the current Fish and Wildlife code and reduce the penalties for violations of fish and wildlife laws to the status of infractions.
On the surface, one may be tempted to view this as a victory for Indiana Sportsmen. However, this broad brush reduction will cheapen the penalties for those who maliciously rob law abiding hunters hunters of your natural resources.
Consider this: You own/lease/have permission property in which you manage wildlife. You work hard to enhance habitat so that wildlife can be enjoyed by you and your family. If SB 52 is passed, your hard work will be in vein. Poachers can enter your property, hunt illegally and be the benefactors of your hard work with the only consequence being a ticket of the same magnitude as a mere traffic citation. SB 52 will shackle conservation officers in their duty and ability to apprehend poachers.

Please contact your representative today and ask them to NOT support SB 52. DO NOT DELAY! It is important that you make contact TODAY!
You can email your legislator from this site:
http://iga.in.gov/
I got this in an email from a well respected CO today. I guess it was in the Star. I found it a good read!

SB52 passed out of the senate a week ago and is now in the House committee on Courts and Criminal Code. There's a hearing tomorrow at 1:30PM.

http://iga.in.gov/legislative/2014/c...inal_code_0300

I believe the passing of this could be one of the worst changes in the history of Indiana wildlife and conservation. I sent two emails to my representative and never got a response.

Just what the **** are these clowns thinking ........

Bill passed the House committee by 9-0. However the bill was amended (I don't get to see the amendment until they post it on-line) which means the bill would have to pass the House and then go to a conference committee before going on to governor. Indiana Conservation Officers spoke against the bill as did the Indiana Wildlife Federation and the Indiana Sportsmens Roundtable.

February 19, 2014

Mr. Chairman and members of the committee,
Although the introduced version of Senate Bill 52 was prepared by the Criminal Law and Sentencing Policy Study Committee, it received no meaningful input from fish and wildlife management professionals. The Indiana Conservation Officers Organization supports a comprehensive review of both Title 14 of the Indiana Code and Title 312 of the Indiana Administrative Code to address needed changes in our fish and wildlife laws. We agree that some offenses can reasonably be reduced to infractions. It is imperative that the following concerns be noted.
• SB 52 reduces the majority of our fish and wildlife crimes to mere civil Infractions. Such a change will serve as a minimal deterrent against poachers who choose to steal our wildlife.

• Reducing the penalty for not obtaining a hunting, fishing or trapping license will likely have an adverse effect on license sales. Revenue from license sales is the primary source of funding for the management of our fish and wildlife resources. A nonresident deer license bundle costs $295. If I only risk being issued a ticket with the potential for a maximum cost of $250 and the chances for being detected are minimal, why buy a license?

• The few offenses that remain misdemeanors will no longer be "strict liability offenses", but have an additional burden of proof of "knowingly and intentionally". While intent is always a factor in an officer's choice of law enforcement actions, hunting and fishing regulations have always required the hunter or angler to know the law. In essence, ignorance will be an excuse.

• The change in classification from crimes to civil violations minimizes any enhanced statutory provisions related to "upon conviction". Judgments in civil cases are not considered "convictions". Statutory provisions for such things as forfeiture of equipment used in wildlife crimes and our interstate wildlife violator's compact will be impacted.

• The results of this decriminalization will have a major impact on how conservation officers conduct investigations during field contacts with armed individuals. The legal guidelines for investigative detention relative to a civil infraction are much different than for a crime. This stands to compromise officer safety.


For these stated reasons, I ask that any reference to IC 14-22 be stricken from Senate Bill 52. Thank you for your public service and thank you for allowing this testimony.

Jeff Wells
President, Indiana Conservation Officers Organization
Brownsburg, IN

Yesterdays testimony from ICO's

The BIG problem is that Senator Steele ran this bill through the Courts and Criminal Codes Summer Study and not through the Natural Resources Summer Study. Most (like myself) that attended all the Natural Resources Summer Study meetings were completely unaware of this proposal until it got read in the the Senate. To be fair it really should have gone to Natural Resources Summer Study and maybe even Natural Resources House Committe. But it didn't and now passage looks very likely. Cool way to avoid all the sportsmen and Senator Steele is well aware of it.

Jack

Brent just isn't the same guy he was before he got into politics.
Disappointing..