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Introduced Version House Bill 2184 History

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hb2184 intr
H. B. 2184


(By Delegate Michael)

[Introduced February 10, 2005; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact §20-2-57 of the code of West Virginia, 1931, as amended, relating to providing criminal penalties for shooting and wounding or killing a human being by a person hunting, pursuing, taking or killing wild animals or wild birds while under the influence of alcohol, controlled substances or drugs; and permitting court-ordered restitution.

Be it enacted by the Legislature of West Virginia:

That §20-2-57 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-57. Negligent shooting, wounding or killing of human being or livestock while hunting; wounding or killing while hunting under the influence of alcohol, controlled substances or drugs; criminal penalties; restitution.

(a) (1) It is unlawful for any person, while engaged in hunting, pursuing, taking or killing wild animals or wild birds, to carelessly or negligently shoot, wound or kill any human being or livestock, or to destroy or injure any other chattels or property.
(2) Any person who, in the act of hunting, pursuing, taking or killing of wild animals or wild birds, in any manner injures any person or property shall file with the director a full description of the accident or other casualty, including such any information as the director may require. Such The report must be filed during a period not to exceed seventy-two hours following such the incident.
(3) Any person violating this section subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one thousand dollars nor more than ten thousand dollars, or imprisoned in the a regional jail facility or county jail for not more than one year, or both fined and imprisoned. Restitution of the value of the livestock, chattel or property injured or destroyed shall be required upon conviction.
(b) (1) It is unlawful for any person, while engaged in hunting, pursuing, taking or killing wild animals or wild birds, to carelessly or negligently shoot and wound any human being while the shooter:
(A) Is under the influence of alcohol; or
(B) Is under the influence of any controlled substance; or
(C) Is under the influence of any other drug; or
(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or
(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.
(2) Any person violating this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two thousand dollars nor more than fifteen thousand dollars, or imprisoned in a regional jail facility or county jail for not less than two months nor more than one year, or both fined and imprisoned. Restitution of actual medical costs caused by the violation may be required by the court upon conviction.
(c)(1) It is unlawful for any person, while engaged in hunting, pursuing, taking or killing wild animals or wild birds, to carelessly or negligently shoot and kill any human being while the shooter:
(A) Is under the influence of alcohol; or
(B) Is under the influence of any controlled substance; or
(C) Is under the influence of any other drug; or
(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or
(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.
(2) Any person violating this subsection is guilty of a felony and, upon conviction thereof, shall be fined not less than five thousand dollars nor more than twenty thousand dollars, or imprisoned in a state correctional facility for not less than one year nor more than three years, or both fined and imprisoned. Restitution of actual medical costs and funeral, burial and crematory costs caused by the violation may be required upon conviction.



NOTE: The purpose of the bill is to provide criminal penalties for negligently or carelessly shooting and wounding or killing a human being while hunting under the influence of alcohol or drugs.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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