Art. 895.2.  Probation; restitution for values of wildlife

Terms Used In Louisiana Code of Criminal Procedure 895.2

  • Court: means a court with criminal jurisdiction or its judge. See Louisiana Code of Criminal Procedure 931
  • defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

A.  In all cases in which the defendant has been convicted of a crime which involves the illegal taking of wild birds, wild quadrupeds, or fish or other aquatic life in violation of the provisions of Title 56 of the Louisiana Revised Statutes of 1950 or of any rules and regulations promulgated thereunder, or any rules and regulations adopted by the Louisiana Wildlife and Fisheries Commission, the court shall, as a condition of probation, order civil restitution to the state of Louisiana, Department of Wildlife and Fisheries Conservation Fund, for the value of the said wild birds, wild quadrupeds, or fish or other aquatic life illegally taken.  This restitution shall be in accordance with a schedule of wildlife and aquatic life species values promulgated by the Louisiana Wildlife and Fisheries Commission in accordance with the Administrative Procedure Act.

B.  If any assessment of civil penalties has been paid in full to the Department of Wildlife and Fisheries, then the court shall not order the restitution provided for in Paragraph A as a condition of probation.

Acts 1988, No. 169, §1; Acts 2001, No. 804, §1.