The Committee on Natural Resources moves to amend the bill,
beginning on page 2, by striking out all of section (b) (1) and
inserting in lieu thereof the following:
(b) (1) Any person who, while hunting, pursuing, taking or
killing wild animals or wild birds, discharges a firearm or arrow
and knows or should have known that, by such discharge, another
person is injured or killed, shall immediately give his or her name
and address to the injured person or any other person attending the
injured person, shall immediately report the injury or death to the
911 emergency center or sheriff of the county in which the shooting
took place and shall render assistance to the injured person
including the carrying, or the making arrangements for the carrying
of such person to a physician, surgeon or hospital for medical or
surgical treatment if it is apparent that such treatment is
necessary or if such carrying is requested by the injured person.
(2) Any person violating the provisions of subdivision (1) of
this subsection after being involved in the discharge of a firearm
or arrow resulting in the death of any person is guilty of a felony
and, upon conviction shall be fined not more than $10,000 and
imprisoned in a correctional facility for a definite term of
imprisonment of not less than one year nor more than five years.
Further, the person's hunting and fishing licenses shall be suspended for ten years from the date of conviction or the date of
release from incarceration, whichever is later.
(3) Any person violating the provisions of subdivision (1) of
this subsection after being involved in the discharge of a firearm
or arrow resulting in the injury, but not death, of any person is
guilty of a misdemeanor, and upon conviction shall be fined not
less than $2,000 nor more than $5,000 and confined in jail for not
more than one year. Further, the person's hunting and fishing
licenses shall be suspended for five years from the date of
conviction or the date of release from incarceration, whichever is
later.
(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 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 $2,000 nor more than $15,000, or confined in jail for not less
than two months nor more than one year, or both fined and confined.
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 $5,000
nor more than $20,000, 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 this bill is to provide criminal
penalties for a hunter to fail to render aid to a person the hunter
shoots while hunting and 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.