H. B. 2923
(By Delegates Rodighiero, Ellis, Hrutkay,
Morgan, Eldridge, Shook and Reynolds)
[Introduced February 8, 2007; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact §20-2-2 of the Code of West Virginia,
1931, as amended, relating to increasing criminal penalties
for the illegal killing, taking, or possessing of certain wild
life.
Be it enacted by the Legislature of West Virginia:
That §20-2-2 of the Code of West Virginia, 1931, as amended,
be amended to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-2. Violations of article.
(a) When no specific punishment or penalty is otherwise
provided for violations of the provisions of this article, any
person violating any provision hereof shall be guilty of a
misdemeanor offense and, upon conviction thereof, shall be subject
to the punishment and penalties prescribed in section nine, article
seven of this chapter.
(b) Notwithstanding the foregoing, any person violating
subdivisions (2), (4), (5), (6), (7), (12), (14), (15), (17), (18),
(21), (22) and (26) of section five of this article is guilty of a
criminal offense as follows:
(A) First offense. -- Shall be guilty of a misdemeanor and,
upon conviction thereof, is punishable by a fine of not less than
five hundred dollars and no more than one thousand dollars and
imprisoned in jail for not less than ten days nor more than one
hundred days;
(B) Second or subsequent offense. -- Shall be guilty of a
felony and, upon conviction thereof, is punishable by a fine of not
less than one thousand dollars and not more than five thousand
dollars and imprisoned in a state correctional facility for not
less than one year and no more than five years.
NOTE: The purpose of this bill is to increase criminal
penalties for the illegal killing, taking or possessing of certain
wild life.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.