32-1041. Forfeiture or suspension of license, permit, stamp or other issue.
32-1041
32-1041. Forfeiture or suspension of license, permit, stamp or other issue.(a) (1) Upon the first conviction of violating any provisionof the wildlife and parks laws of this state or rules and regulations ofthe secretary, and in additionto any authorizedsentence imposed by the convicting court, such court may: (A) Order suchperson to refrain from engaging in any activity, legal or illegal, the activity forwhich convicted for up to one year from thedate of conviction, and (B) order the forfeiture of any license,permit, stamp or other issue of the department, other than a lifetimelicense, which is held by theconvicted person and pertains to the activity for which the person wasconvicted for up to one year from the date of conviction.
(2) Upon any subsequent conviction of violating any provision of thewildlife and parks laws of this state, or rules andregulations adopted thereunder, and in addition to anyauthorized sentenceimposed by the convicting court, such court shall: (A) Order such person torefrain from any activity, legal or illegal, related to the activity forwhich convicted forone year from the date of conviction, and (B) order the forfeiture of anylicense, permit, stamp orother issue of the department,other than a lifetime license, which is held by the convicted person andpertains to the activity for which the person was convicted for one yearfrom the date of conviction.
(b) (1) Upon the first conviction of violating anyprovision of the wildlife and parks laws of this state, or rules and regulationsadopted thereunder, by a person who has been issued alifetime hunting orfishing license or a combination thereof, and in addition to any authorizedsentence imposedby the convicting court, such court may order the suspension of such license for upto one year from the date of conviction.
(2) Upon any subsequent conviction of violating any provision of thewildlife and parks laws of this state, or rulesand regulations adopted thereunder, by a person who has beenissued a lifetimehunting or fishing license or a combination thereof, and in addition to anyauthorized sentenceimposed by the convicting court, such court shall order the suspensionof such license for one year from the date of conviction.
(c) If aconvicted person has been issued a combination hunting and fishinglicense or a combination lifetime license, only that portion of suchlicense which pertains to the activity for which such person is convictedshall be subject to forfeiture or suspension pursuant to this section. Insuch case, the orderof conviction shall indicate that part of the license which is forfeited orsuspended, and such order shall become atemporary license under which theoffender may either hunt or fish as the order indicates.
(d) Whenever a judge ordersforfeiture or suspension of a license, permit, stamp or other issue of thedepartment pursuant to thissection, such license, permit, stamp or other issue shall be surrenderedto the court and the judgeshall forward it,along with a copy of the conviction order, to the department.
(e) A person whoselicense, permit, stampor other issue of the department has been forfeited or suspended pursuantto subsection (a)(1) or (b)(1) shall not be eligibleto purchase another such issue within 30 days of the conviction. A personwhose license, permit,stamp or other issue of the department has been forfeited or suspendedpursuant to subsection (a)(2) or(b)(2) shall not beeligible to purchase another such issue within one yearfrom the date of conviction.
(f) A judge, upon a finding of multiple, repeated or otherwiseaggravated violations by a defendant, may order forfeiture or suspension ofthe defendant's license, permit, stamp or other issue of the department for a periodlonger than otherwise provided by this section and may order the defendantto refrain from any activity, legal or illegal, related to the activity forwhich convicted for a period longer than otherwise provided by this section.
History: L. 1985, ch. 132, § 8;L. 1989, ch. 118, § 132; July 1.