An Act To Strengthen the Prohibition against Night Hunting LR2600(02)
Maine Legislature, Session 121, LD 1662
Committee Amendment CA_A_H692 (House)
Amends: 12 MRSA §10502, 12 MRSA §11206, 12 MRSA §11901

COMMITTEE AMENDMENT ,,1J.. to H.P. 1238, L.D. 1662, Bill, "An 
To Strengthen the prohGfi tion against Night Hunting" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 12 MRSA §10502, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§10502. Seizure of fish, wildlife and equipment 
1. 
Seizure; filing libel. 
All fish or wildlife hunted, 
trapped, fished, bought, sold, carried, transported or found in 
possession of any person in violation of this Part, 
and all 
equipment, including but not limited to firearms, possessed or 
used in violation of this Part are contraband and subject to 
seizure by any officer authorized to enforce this Part. 
Except 
for property exempted from libel under subsection 2, an officer 
making such a seizure shall file, within a reasonable time, with 
the court a libel against that property. 
The libel must describe 
the property seized and the date and place of that seizure, cite 
the provision of law that is alleged to have been violated and 
request 
a 
decree 
of 
forfeiture. 
The 
libel 
proceedings 
and 
disposal of property are governed by section 10503. 
2. 
Exemption 
from 
libel 
proceedings. 
The 
following 
property may be lawfully seized under this section but is not 
subject to the libel requirements of this section: 
Page l-LR2600(2) 
COMM/rrEE AMENDMENT 
~. 
(~ 
COMMITTEE AMENDMENT ,,~. to H.P. 1238, L.D. 1662 
A. 
Unless reasonable doubt exists as to ownership, property 
having a value less than $10; 
B. 
ABy A firearm seized in connection with a violation of: 
(1) 
Section 11206; 
(2) 
Section 10902, subsection 6; or 
(3) 
Section 
10752, 
subsection 
6, 
paragraph Band 
section 10902, subsection 4, paragraphs A and B; 
C. 
ABy-.;f.,i.~:a4B§ Fishing equipment that is-~~-aband--l:iBeeF 
~his-see~ieB-aBe is seized in connection with a violation of 
section 10902, subsection 8 except for motor boats or motor 
vehicles; aBe. 
D. 
ABy-f4sh Fish or wildlife that is eeB~Fa&aaG-l:iBe.eF-~his 
see~i~a-aBe-is seized in connection with aBY Q violation of 
this Part ... : and 
E. 
Night 
Y1S1on 
equipment seized in connection with 
a 
violation of section 11206. 
from libel 
Property seized by the commissioner that is exempt 
under 
this subsection must 
be 
retained by 
the 
pending disposition of e!:'iHliBal proceedings and is 
the 
State 
upon 
conviction or 
adjudication 
that 
committed the violation. 
commissioner 
forfeited to 
the 
person 
3. 
Disposal of forfeited property. 
The commissioner may 
dispose of property forfeited to the State under this section in 
any manner considered appropriated by the commissioner. 
PFeFe!:'~y-~~~~~~-~-~~-~&aB&-~£e~-~~~-6e€~.,i.eR-~-Be 
eisFesee--~--~--~--eeHlHlissieBeF--.,i.£--~-~&a&~--eeBsiaeFee 
aFFFeFFia~e-By-~he-eeHlHlissieBeF ... 
Sec. 2. 12 MRSA §11206, as enacted by PL 2003, c. 414, Pt. A, 
§2 
and affected by Pte 
D, 
@7, 
is repealed and the following 
enacted in its place: 
§11206. 
Hight hunting 
1. 
Prohibition. 
Except as otherwise provided in this Part, 
a person may not: 
A. 
Hunt wild birds or wild animals from 30 minutes after 
sunset to 30 minutes before sunrise of the following day; or 
COMMITTEE AMENDMENT 
G)" 
.... 
~'" 
~~ . 
""I. 
COMMITTEE AMENDMENT :H" to H.P. 1238, L.D. 1662 
C. 
Possess any wild animal or wild bird taken in violation 
of paragraph A. 
2. Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates subsection 1 commits a Class D 
crime 
for 
which 
the 
court 
shall 
impose 
a 
sentencing 
alternative of not less than 3 days for the first offense, 
none of which may be suspended, and of not less than 10 days 
for each succeeding offense, none of which may be suspended; 
the court also shall impose a fine of not less than $1,000, 
none of which may be suspended. 
B. 
A person who violates subsection 1 and is in possession 
of night vision equipment commits a Class D crime for which 
the court shall impose a sentencing alternative of not less 
than 6 days for the first offense, none of which may be 
su~pended, and of not less than 20 days for each succeeding 
offense, not of which may be suspended; the court also shall 
impose a fine of not less than $2,000, none of which may be 
suspended. 
For purposes of this paragraph, 
"night 
v~s~on equipment" 
means spotting scopes, rifle scopes or headset night vision 
gear. 
Sec. 3. 12 MRSA §11901, as enacted by PL 2003, c. 414, Pt. A, 
§2 
and affected by Pt. 
D, §7, is repealed and the following 
enacted in its place: 
SII90I. Raccoons 
1. 
Open season. 
An 
open 
season 
for 
hunting 
raccoons 
established by the 
COmmissioner must be 
of uniform duration 
throughout the State. 
2. 
Hight 
hunting. 
Notwithstanding 
the 
night 
hunting 
prohibition in section 11206, 
raccoons may be hunted at night 
during an open season established pursuant to this section.' 
SUMMARY 
This amendment replaces the bill and doubles the mandatory 
minimum penalty for night hunting in cases where night vision 
equipment is involved. 
It also exempts night vision equipment 
seized in connection with a night hunting violation from libel 
proceedings and clarifies that the current exemption from libel 
COMMITTEE AMENDMENT 
lO 
COMMITTEE AMENDMENT .. ~. to H.P. 1238, L.D. 1662 
proceedings 
for 
fishing equipment 
seized in connection with 
certain fishing violations does not include motorboats or motor 
vehicles. 
The amendment also incorporates changes made by Public 
Law 2003, chapter 333 in order to incorporate those changes into 
the new Maine Revised Statutes, Title 12, Part 13. 
Finally, the 
amendment clarifies that raccoons may be hunted at night during 
the open season. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 01130/04 ~ae 
Office of Fiscal and Program Review 
LD 1662 
An Act To Strengthen the Prohibition against Night Hunting 
LR2600(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increasing penalties will generate more fine revenue and increase county correctional costs 
LR2600(2) - Fiscal Note - Page 1 of 1