H. B. 3002

(By Delegate Talbott (By Request))
[Introduced February 13, 2003; referred to the
Committee on Agriculture and Natural Resources then the Judiciary.]

A BILL to amend and reenact section seven, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that persons may not be guilty of trespassing or hunting without permission merely because the person's dog pursues an animal or wild bird onto another person's private or leased land.

Be it enacted by the Legislature of West Virginia:
That section 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.

§20-2-7. Hunting, trapping or fishing on lands of another; damages and compensation.

It shall be unlawful for any person to shoot, hunt, fish or trap upon the fenced, enclosed or posted grounds or lands of another person or to peel trees or timber, build fires or do any other act or thing thereon in connection with or auxiliary to shooting, hunting, fishing or trapping on such lands without permission in writing from the owner, tenant or agent of such owner, and every person hunting, fishing, shooting or fowling upon such lands shall have in his possession such written permission when so doing.
Any person who, for the purpose of, or while hunting, trapping or fishing, shall, without the permission of the owner, tenant or agent of the owner, enter upon the land of another and while thereon shall kill or injure any domestic animal or fowl, or shall cut, destroy or damage any bars, gates or fence, or any part thereof, or shall leave open any bars or gates thereon resulting in damage to the owner or occupant thereof, shall be guilty of a misdemeanor, and in addition shall be liable to the owner or person suffering such damage for all costs and damages resulting therefrom: Provided, That no person may be held criminally liable under this section merely because that person's dog, while beyond the control of the person, pursues an animal or wild bird onto private or leased property.
It shall be lawful for the owner, lessee or the person entitled to the possession of such lands, or the agent thereof, to arrest any such person found violating this section and immediately take him before a justice of the peace magistrate for trial, and such owner, lessee, person or agent is hereby vested with all the powers and rights of a game protector for such purposes. The officers charged with the enforcement of the provisions of this chapter shall have the duty to enforce the provisions of this section if requested to do so by such owner, lessee, person or agent, but not otherwise.

NOTE: The purpose of this bill is to

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