Introduced Version






SENATE BILL No. 243

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 14-22.

Synopsis: Silencers when hunting. Repeals the law that prohibits the possession or use of a silencer while in the act of hunting. Provides that a person who takes or possesses a deer or wild turkey: (1) unlawfully; (2) by illegal methods; or (3) with illegal devices; while using or possessing a silencer commits a Class C misdemeanor.

Effective: July 1, 2012.





Grooms, Holdman, Waterman




    January 4, 2012, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 117th General Assembly (2012)


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.
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SENATE BILL No. 243



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

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 14-22-6-11; (12)IN0243.1.1. -->     SECTION 1. IC 14-22-6-11 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 11. (a) This section does not apply to an employee of the department or an employee of a federal wildlife management agency who:
        (1) is acting in the performance of the employee's duties; and
        (2) has received the express written consent of the director for the employee's action.
    (b) A person may not:
        (1) use or possess an apparatus designed for use with or on a firearm commonly called a silencer; or
        (2) use or possess a device used as a silencer;
in Indiana while in the act of hunting.
SOURCE: IC 14-22-38-4; (12)IN0243.1.2. -->     SECTION 2. IC 14-22-38-4, AS AMENDED BY P.L.2-2008, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) A person who:
        (1) unlawfully takes or possesses a deer or wild turkey;
        (2) takes or possesses a deer or wild turkey by illegal methods or

with illegal devices; or
        (3) except as provided in subsections (c) and (d), sells, offers to sell, purchases, or offers to purchase a deer or wild turkey or a part of a deer or wild turkey;
shall reimburse the state five hundred dollars ($500) for the first violation and one thousand dollars ($1,000) for each subsequent violation.
    (b) The money shall be deposited in the conservation officers fish and wildlife fund. This penalty is in addition to any other penalty under the law.
    (c) Notwithstanding section 6 of this chapter, if a properly tagged deer is brought to a meat processing facility and the owner of the deer:
        (1) fails to pick up the processed deer within a reasonable time; or
        (2) notifies the meat processing facility that the owner does not want the processed deer;
the deer meat may be given away by the meat processing facility to another person. The meat processing facility may charge the person receiving the deer meat a reasonable and customary processing fee.
    (d) Notwithstanding section 6 of this chapter, deer meat and products from farm raised deer that meet the requirements under IC 15-17 may be sold to the public.
     (e) In addition to the reimbursement required under subsection (a), a person who recklessly, knowingly, or intentionally violates subsection (a)(1) or (a)(2) while using or possessing:
        (1) an apparatus designed for use with or on a firearm commonly called a silencer; or
        (2) a device used as a silencer;
commits a Class C misdemeanor.