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Engrossed Version Senate Bill 107 History

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SB107 SUB1 eng
ENGROSSED

COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 107

(By Senators Love, Dempsey, Lanham, Barnes and Yoder)

____________

[Originating in the Committee on the Judiciary;

reported March 4, 2005.]

____________


A BILL to amend and reenact §20-2-7 of the Code of West Virginia, 1931, as amended, relating to hunting with dogs; providing that persons are not trespassing or hunting without permission when dog pursues an animal or fowl onto another person's land; and prohibiting hunting or damaging land while retrieving dog.


Be it enacted by the Legislature of West Virginia:
That §20-2-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.

§20-2-7. Hunting, trapping or fishing on lands of another; damages and compensation.

(a) It shall be is unlawful for any person to shoot, hunt, fish or trap upon the fenced, enclosed or posted grounds or lands of another person; or to peel trees or timber, build fires or do any other act or thing thereon in connection with or auxiliary to shooting, hunting, fishing or trapping on such lands without written permission in writing in his or her possession from the owner, tenant or agent of such the owner. and every person hunting, fishing, shooting or fowling upon such lands shall have in his possession such written permission when so doing.
(b) Any person who hunts, traps or fishes on land for the purpose of, or while hunting, trapping or fishing, shall, without the permission of the owner, tenant or agent of the owner is guilty of a misdemeanor and liable to the owner or person suffering damage for all costs and damages for: enter: upon the land of another and while thereon shall kill (1) Killing or injuring injure any domestic animal or fowl, or shall cut, destroy fowl; (2) cutting, destroying or damage damaging any bars, gates or fence or any part thereof, or shall of the property; or leave (3) leaving open any bars or gates thereon resulting in damage to the owner or occupant thereof, shall be guilty of a misdemeanor, and in addition shall be liable to the owner or person suffering such damage for all costs and damages resulting therefrom property.
It shall be lawful for the (c) The owner, lessee or the person entitled to the possession of such lands, or the agent thereof, to tenant or agent of the owner may arrest any such a person found violating this section and immediately take him or her before a justice of the peace for trial, and such magistrate. The owner, lessee, person or agent tenant or agent of the owner is hereby vested with all the powers and rights of a game protector conservation officer for such these purposes. The officers charged with the enforcement of the provisions of this chapter shall have the duty to enforce the provisions of this section if requested to do so by such the owner, lessee, person or agent tenant or agent of the owner, but not otherwise.
(d) The provisions of subsections (b) and (c) of this section related to criminal penalties and being subject to arrest are inapplicable to a person whose dog, without the person's direction or encouragement, travels onto the fenced, enclosed or posted land of another in pursuit of an animal or wild bird. No person entering the lands of another to retrieve a dog may take game from the land, kill domestic animals or fowl or cause other damage to or on the fenced, enclosed or posted land.


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