ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 336
(By Senator Bowman)
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[Originating in the Committee on Natural Resources;
reported February 23, 2010.]
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A BILL to amend and reenact §20-2-5a and §20-2-7 of the Code of
West Virginia, 1931, as amended, all relating to forfeiture
and restitution by persons causing injury or death to game,
protected species of animal or captive cervids; adding
additional replacement value for antlered deer based upon
antler spread; clarifying forfeiture procedures and costs; and
ordering restitution for captive cervids.
Be it enacted by the Legislature of West Virginia:
That §20-2-5a and §20-2-7 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5a. Forfeiture by person causing injury or death of game or
protected species of animal; additional replacement
costs for antlered deer; forfeiture procedures and
costs.
(a) Any person who is convicted of violating
any a criminal
law of this state
and the violation causes or that results in the
injury
, or death
or destruction of game, as defined in section two,
article one of this chapter, or a protected species of animal, in
addition to any other penalty to which he
or she is subject, shall
forfeit the cost of replacing
such the game or protected species of
animal to the state
. For such purpose, replacement values for game
and protected species of animals are as follows:
(1) For each game fish or each fish of a protected species
taken illegally other than by pollution kill, $5 for each pound and
any fraction thereof;
(2) For each bear or elk, $500;
(3) For each deer or raven, $200;
(4) For each wild turkey, hawk or owl, $100;
(5) For each beaver, otter or mink, $25;
(6) For each muskrat, raccoon, skunk or fox, $15;
(7) For each rabbit, squirrel, opossum, duck, quail, woodcock,
grouse or pheasant, $10;
(8) For each wild boar, $200;
(9) For each bald eagle, $5,000;
(10) For each golden eagle, $5,000; and
(11) For any other game or protected species of animal, one
$100.
(b) In addition to the replacement value for deer in
subsection (a)(3), the following cost shall also be forfeited to
the state by any person who is convicted of violating any criminal law of this state and the violation causes the injury or death of
antlered deer:
(1) For any deer in which the inside spread of the main beams
of the antlers measured at the widest point equals 14 inches or
greater but less than 16 inches, $1,000;
(2) For any deer in which the inside spread of the main beams
of the antlers measured at the widest point equals 16 inches or
greater but less than 18 inches, $1,500;
(3) For any deer in which the inside spread of the main beams
of the antlers measured at the widest point equals 18 inches or
greater but less than 20 inches, $2,000; and
(4) For any deer in which the inside spread of the main beams
of the antlers measured at the widest point equals 20 inches or
greater, $2,500.
(5) Any person convicted of a second or subsequent violation
of any criminal law of this state which violation causes the injury
or death of antlered deer is subject to double the authorized range
of cost to be forfeited.
(c) The court upon convicting such person shall order him Upon
conviction, the court shall order the person to forfeit to the
state the proper amount based on the values set forth herein for
amount set forth in this section for the injury or death of the
game or protected species of animal the injury, death or
destruction of which he caused or which resulted from his criminal
act. If two or more defendants are convicted for the same
violation causing, or resulting in, the injury, or death or destruction of game or protected species of animal, the forfeiture
shall be declared against them jointly and equally paid by each
person in an equal amount. The forfeiture shall be paid by the
person so convicted and ordered to pay the forfeiture within the
time prescribed by the court, but not exceeding not to exceed sixty
days. In each instance, the court shall pay such the forfeiture to
the state Treasury where it shall be credited to the Division of
Natural Resources to be deposited into the License Fund- Wildlife
Resources (3200) and used only for the replacement, habitat
management or enforcement programs for injured, or killed or
destroyed game or protected species of animal.
§20-2-7. Hunting, trapping or fishing on lands of another;
damages and restitution.
(a) It is unlawful for any person to shoot, hunt, fish or trap
upon the fenced, enclosed or posted lands of another person; or to
peel trees or timber, build fires or do any other act in connection
with shooting, hunting, fishing or trapping on such lands without
written permission in his or her possession from the owner, tenant
or agent of the owner.
(b) Any person who hunts, traps or fishes on land without the
permission of the owner, tenant or agent of the owner is guilty of
a misdemeanor and liable to the owner or person suffering damage
for all costs and damages for: (1) Killing or injuring any
domestic animal, or fowl, or captive cervids; (2) cutting,
destroying or damaging any bars, gates or fence or any part of the
property; or (3) leaving open any bars or gates resulting in damage to the property.
(c) Restitution of the value of the property or animals
injured, damaged or destroyed shall be required upon conviction
pursuant to sections four and five, article eleven-a, chapter
sixty-one of this code. The restitution ordered for captive cervids
shall be equivalent to or greater than the replacement values for
deer listed in section five-a in this article.
(c)(d) The owner, tenant or agent of the owner may arrest a
person violating this section and immediately take him or her
before a magistrate. The owner, tenant or agent of the owner is
vested with the powers and rights of a conservation officer for
these purposes. The officers charged with the enforcement of the
provisions of this chapter shall enforce the provisions of this
section if requested to do so by the owner, tenant or agent of the
owner, but not otherwise.
(d) (e) The provisions of subsections (b)(c) and (c)(d) of
this section related to criminal penalties and being subject to
arrest are inapplicable to a person whose dog, without the person's
direction or encouragement, travels onto the fenced, enclosed or
posted land of another in pursuit of an animal or wild bird:
Provided, That the pursuit does not result in the taking of game
from the fenced, enclosed or posted land and does not result in the
killing of domestic animals or fowl or other damage to or on the
fenced, enclosed or posted land.
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