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Introduced Version House Bill 2875 History

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hb2875 intr
H. B. 2875


(By Delegates Williams and Stemple)

[Introduced March 4, 2005 ; referred to the

Committee on Agriculture and Natural Resources then 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 wounding or killing a person while 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:

§20-2-57. Negligent shooting, wounding or killing of human being or livestock while hunting; penalty.

(a) 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.
(b) 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 incident 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.
(c) Any person violating this section subsection or subsections (a) or (b) of this section 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 county jail 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.

(d) 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:
(1) Is under the influence of alcohol; or
(2) Is under the influence of any controlled substance; or
(3) Is under the influence of any other drug; or
(4) Is under the combined influence of alcohol and any controlled substance or any other drug; or
(5) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.
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 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.
(e) 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:
(1) Is under the influence of alcohol; or
(2) Is under the influence of any controlled substance; or
(3) Is under the influence of any other drug; or
(4) Is under the combined influence of alcohol and any controlled substance or any other drug; or
(5) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.
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.
(f) Any person who fails to report an incident as described in subsections (d) and (e) above within the required seventy-two hours shall be guilty of a felony and, upon conviction, shall be confined for a period of not less than one, nor more than three years, or at the discretion of the courts, confined in jail for not more than one year and fined not less than one thousand dollars, nor more than ten thousand dollars.



NOTE: The purpose of this bill is to provide penalties for negligently or carelessly wounding or killing a person 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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