H. B. 2384
(By Delegates Michael, Mezzatesta and Williams)
[Introduced January 17, 2003; 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 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 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; 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
person:
(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 ten
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
person:
(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 ten
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.