Amends TCA Title 39 and Title 70.

Present law provides that a person who is charged with taking, attempting to take, or harming a wild animal, defined as wild vertebrates, mollusks, crustaceans, and fish, in violation of law may assert the defense of self-defense if the wild animal acted in a manner that caused the following:<br /> <br /> (1) Caused the person to have a reasonable belief that the animal's action placed the person in imminent danger of death or serious bodily injury;<br /> <br /> (2) Caused the person to believe the danger creating the threat of imminent death or serious bodily injury is real, or is honestly believed to be real at the time; and<br /> <br /> (3) Caused the belief of danger to be founded upon reasonable grounds.<br /> <br /> The defense described above is not available to a person if the person has the ability to safely retreat and fails to do so, except when the animal enters a home, tent, camper, or other permanent or temporary living structure occupied at the time by the person or any other individual; or recklessly provokes or attracts the wild animal into a situation in which it is reasonable to expect the wild animal will threaten the person or another individual.<br /> <br /> This bill provides that, unless otherwise prohibited by federal law, it is legal for a person who resides on property that adjoins a bear habitat community to take, attempt to take, or harm a bear that enters onto the person's property if the bear acted in a manner that caused the following:<br /> <br /> (1) Caused the person to have a reasonable belief that the bear's action placed the person in imminent danger of death or serious bodily injury;<br /> <br /> (2) Caused the person to believe the danger creating the threat of imminent death or serious bodily injury is real, or is honestly believed to be real at the time; and<br /> <br /> (3) Caused the belief of danger to be founded upon reasonable grounds.<br /> <br /> However, this bill prohibits a person from taking, attempting to take, or harming a bear as allowed above until the following occurs:<br /> <br /> (1) The person has submitted a written request to the wildlife resources agency to have the bear removed from the area due to the threat it presents to persons and the same or another bear enters onto the property again before the agency can remove it; or<br /> <br /> (2) The agency does not respond to the person's written request within 10 days after the date the agency receives the written request to remove the bear.<br /> <br /> ON MARCH 23, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1453, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the following changes to this bill:<br /> <br /> (1) Removes this bill’s prohibition against a person taking, attempting to take, or harming a bear as described in (1)-(2) of the Bill Summary;<br /> <br /> (2) Limits the geographical location where a person may reside in order to be legally allowed to take, attempt to take, or harm a bear under certain circumstances enumerated in this bill to only property that adjoins the Great Smoky Mountains National Park; and<br /> <br /> (3) Requires the person to notify the agency within 24 hours after killing or seriously injuring a bear pursuant to this bill if the person is reasonably able to notify the agency and also prohibits a person from removing from the site, repositioning, retaining, selling, or transferring a bear without authorization from the agency.<br />