H. B. 2298


(By Delegates Michael, Mezzatesta

and Williams)

[Introduced February 19, 2001 ; referred to the

Committee on Agriculture and Natural Resources then the Judiciary.]



A BILL to amend and reenact section fifty-seven, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the criminal penalties for negligent shooting of a person resulting in injury or death while hunting wild game.

Be it enacted by the Legislature of West Virginia:

That section fifty-seven, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, 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; 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 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, with the exception of negligently shooting a person causing injury or death, 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 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) Any person who negligently shoots another person, causing injury to that person, is guilty of a misdemeanor and, upon conviction thereof, shall be imprisoned in a regional jail facility or county jail for a minimum term of two months, but not more than a year, or fined not less than three thousand dollars nor more than fifteen thousand dollars, or both fined and imprisoned. Restitution of the medical costs associated with the injury inflicted on the other person may be required by the court upon conviction.
(e) Any person who negligently shoots another person, resulting in death to that person, is guilty of a felony and, upon conviction thereof, shall be imprisoned in the state correctional facility for a indeterminate term of one to three years, or fined not less than five thousand dollars nor more than twenty thousand dollars, or both fined and imprisoned. Restitution of the medical costs and funeral, burial and crematory costs resulting from the death of the person may be required by the court upon conviction.


NOTE: The purpose of this bill is to increase the criminal penalties for negligent shooting of a person resulting in injury or death while hunting wild game.

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