H. B. 2145
(By Delegates Rodighiero, Eldridge and Reynolds)
[Introduced February 11, 2009; referred to the
Committee on Natural Resources then the Judiciary.]
A BILL to amend and reenact §20-2-2 of the Code of West Virginia,
1931, as amended, relating to increasing criminal penalties
for the illegal killing, taking, or possessing of certain wild
life.
Be it enacted by the Legislature of West Virginia:
That §20-2-2 of the Code of West Virginia, 1931, as amended,
be amended to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-2. Violations of article.
(a) When no specific punishment or penalty is otherwise
provided for violations of the provisions of this article, any
person violating any
provision hereof of those provisions shall be
guilty of a misdemeanor offense and, upon conviction thereof, shall
be subject to the punishment and penalties prescribed in section
nine, article seven of this chapter.
(b) Notwithstanding the foregoing, any person violating
subdivisions (2), (4), (5), (6), (7), (12), (14), (15), (17), (18),
(21), (22) and (26) of section five of this article is guilty of a
criminal offense as follows:
(A) First offense. -- Shall be guilty of a misdemeanor and,
upon conviction thereof, is punishable by a fine of not less than
$500.00 and no more than $1,000.00 and confined in jail for not
less than 10 days nor more than 100 days;
(B) Second or subsequent offense. -- Shall be guilty of a
felony and, upon conviction thereof, is punishable by a fine of not
less than $1,000.00 and not more than $5,000.00 and imprisoned in
a state correctional facility for not less than one year and no
more than five years.
NOTE: The purpose of this bill is to increase criminal
penalties for the illegal killing, taking or possessing of certain
wildlife.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.