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Introduced Version House Bill 2695 History

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hb2695 intr
H. B. 2695


(By Delegate Brown)
[Introduced February 20, 2009; referred to the
Committee on Natural Resources then the Judiciary.]




A BILL to amend and reenact §20-2-57 of the Code of West Virginia, 1931, as amended, relating to providing criminal penalties for a hunter who fails to render aid to a person the hunter shoots while hunting; and providing reporting requirements.

Be it enacted by the Legislature of West Virginia:
That §20-2-57 of the Code of West Virginia, 1931, as amended, to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-57. Negligent shooting, wounding or killing of human being or livestock while hunting; failing to render aid; penalty.

(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 information as the director may require. Such The report must shall be filed during a period not to exceed within 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 $1,000 nor more than $10,000, or imprisoned in the county confined in jail not more than one year, or both fined and imprisoned confined. Restitution of the value of the livestock, chattel or property injured or destroyed shall be required upon conviction.
(b) (1) A person who, while hunting, pursuing, taking or killing wild animals or wild birds, discharges a firearm or arrow, and by that discharge injures or kills another person, shall immediately give his or her name and address to the injured person, render assistance to the injured person and obtain immediate medical or hospital care for the injured person, and immediately report the injury or death to the sheriff of the county in which the shooting took place.
(2) A person intentionally failing to comply with subdivision (1) of this subsection 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.
(3) A person negligently failing to comply with subdivision (1) of this subsection is guilty of a misdemeanor, and upon conviction shall be fined not more than $5,000 and confined in jail for not more than nine months.



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.

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