Amendment vs bill Committee Amendment No 1 (Adopted) (Voice Vote) vs As Passed the lower

Struck = removed from the bill ยท added = the amendment's new text.

Previous
Latest
MISSISSIPPI LEGISLATURE REGULAR SESSION 2023 By:
Adopted COMMITTEE AMENDMENT NO 1 PROPOSED TO House Bill No.
Representative Kinkade To:
979 BY:
Wildlife, Fisheries and Parks COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
Committee Amend by striking all after the enacting clause and inserting in lieu thereof the following:
979 AN ACT TO AMEND SECTION 49-7-95, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO HUNTS, TAKES OR KILLS ANY ANIMAL DURING LEGAL HUNTING HOURS, AND SUBSEQUENTLY SEARCHES FOR AND/OR RECOVERS SUCH MORTALLY WOUNDED ANIMAL WITH THE AID OF A LIGHT OR LIGHTING DEVICE, IS NOT IN VIOLATION OF THIS SECTION;
TO BRING FORWARD SECTIONS 49-7-27 AND 49-7-141, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT;
AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
(1) (a) Except as otherwise provided in this section, any person who hunts or takes or kills any deer at night by headlighting, by any lighting device or light amplifying device shall, upon conviction thereof, be guilty of a Class I violation and shall be punished as provided in Section 49-7-141.
(1) (a) Except as otherwise provided in this section, any person who hunts or takes or kills any deer at night by headlighting, by any lighting device * * *, light amplifying device, "forward-looking infrared (FLIR)" or thermal imaging device, shall, upon conviction thereof, be guilty of a Class I violation and shall be punished as provided in Section 49-7-141.
(b) For any person to be charged with a violation of this subsection, that person must have been observed committing an overt act consistent with the hunting of deer at night with the aid of a light, lighting device or light amplifying device.
(b) For any person to be charged with a violation of this subsection, that person must have been observed committing an 23/SS26/HB979A.1J *SS26/HB979A.1J* PAGE 1 overt act consistent with the hunting of deer at night with the aid of a light, lighting device * * *, light amplifying device, "forward-looking infrared (FLIR)" or thermal imaging device.
Such observation of an overt act may include, but shall not be limited H.
Such observation of an overt act may include, but shall not be limited to, witnessing the discharge of a weapon capable of killing a deer, hearing the report of a firearm being fired, seeing the person in possession of a recently killed deer which could not have been killed during legal hunting hours, or witnessing the person committing any acts consistent with headlighting deer in violation of this subsection.
B.
No.
979 *HR26/R1690CS* ~ OFFICIAL ~ G1/2 23/HR26/R1690CS PAGE 1 (MCL\KW) to, witnessing the discharge of a weapon capable of killing a deer, hearing the report of a firearm being fired, seeing the person in possession of a recently killed deer which could not have been killed during legal hunting hours, or witnessing the person committing any acts consistent with headlighting deer in violation of this subsection.
The commission may prescribe conditions on the restoration of privileges for a first-time offender, and the first-time offender shall pay a reinstatement fee of Five Hundred Dollars ($500.00).
The commission may prescribe 23/SS26/HB979A.1J *SS26/HB979A.1J* PAGE 2 conditions on the restoration of privileges for a first-time offender, and the first-time offender shall pay a reinstatement fee of Five Hundred Dollars ($500.00).
H.
(c) A violator of subsection (1) under the age of twenty-one (21), upon conviction, shall forfeit all hunting, trapping and fishing privileges for one (1) year from the date of conviction, and shall attend courses prescribed by the commission.
B.
No.
979 *HR26/R1690CS* ~ OFFICIAL ~ 23/HR26/R1690CS PAGE 2(MCL\KW) (c) A violator of subsection (1) under the age of twenty-one (21), upon conviction, shall forfeit all hunting, trapping and fishing privileges for one (1) year from the date of conviction, and shall attend courses prescribed by the commission.
(4) Anyone found guilty of violating this section who shoots or kills any livestock shall be punished as provided in Section 97-41-15, in addition to the penalties provided in this section.
23/SS26/HB979A.1J *SS26/HB979A.1J* PAGE 3 (4) Anyone found guilty of violating this section who shoots or kills any livestock shall be punished as provided in Section 97-41-15, in addition to the penalties provided in this section.
(5) It shall be unlawful for a person to shine a light from a public road or right-of-way, or on the property of another, at H.
(5) It shall be unlawful for a person to shine a light from a public road or right-of-way, or on the property of another, at night, from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise.
B.
No.
979 *HR26/R1690CS* ~ OFFICIAL ~ 23/HR26/R1690CS PAGE 3(MCL\KW) night, from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise.
(6) It shall not be unlawful for any licensed or exempt hunter or tracker to track or pursue a deer that was lawfully shot and wounded during legal hunting hours, into the night after legal 23/SS26/HB979A.1J *SS26/HB979A.1J* PAGE 4 hunting hours, and to dispatch the deer if the deer is found and is still alive.
A licensed or exempt hunter or tracker tracking or pursuing a wounded white-tailed deer into the nighttime hours may use reasonable means to assist the pursuit, including, but not limited to, lights and blood-trailing/tracking dogs.
If tracking/blood-trailing dogs are used, no more than two (2) dogs may be used.
If the animal being tracked is discovered to still be alive, but wounded, the hunter or tracker may dispatch the animal by using a handgun with a barrel no longer than six (6) inches and chambered in a caliber no larger than .45 caliber.
For the purposes of this section, a "licensed hunter" or "licensed tracker" shall mean a hunter or tracker with the proper license for hunting white-tailed deer.
Nothing in this subsection shall be construed as allowing any individual to trespass upon the lands of another while in pursuit of an injured or wounded white-tailed deer animal.
Section 49-7-27, Mississippi Code of 1972, is brought forward as follows:
This act shall take effect and be in force from and after July 1, 2023.
49-7-27.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
(1) The commission may revoke any hunting, trapping, or fishing privileges, license or deny any person the right to secure such license if the person has been convicted of the violation of any of the provisions of this chapter or any regulation thereunder.
AN ACT TO AMEND SECTION 49-7-95, MISSISSIPPI CODE OF 1972, TO ADD FORWARD-LOOKING INFRARED (FLIR) AND THERMAL IMAGING DEVICES TO THE PROHIBITED MEANS OF TAKING GAME AT NIGHT;
The revocation of the privilege, license or refusal to grant license shall be for a period of one (1) year.
TO PROVIDE THAT A PERSON WHO HUNTS, TAKES OR KILLS ANY ANIMAL DURING LEGAL HUNTING HOURS, AND SUBSEQUENTLY SEARCHES FOR AND/OR RECOVERS SUCH MORTALLY WOUNDED ANIMAL WITH THE AID OF A LIGHT OR LIGHTING DEVICE, IS NOT IN VIOLATION OF THIS SECTION;
H.
TO CLARIFY THE REQUIREMENTS FOR THE 23/SS26/HB979A.1J *SS26/HB979A.1J* PAGE 5 USE OF TRACKING DOGS FOR THE RETRIEVAL OF WHITE-TAILED DEER SHOT AND WOUNDED DURING LEGAL HUNTING HOURS;
B.
AND FOR RELATED PURPOSES.
No.
23/SS26/HB979A.1J *SS26/HB979A.1J* PAGE 6
979 *HR26/R1690CS* ~ OFFICIAL ~ 23/HR26/R1690CS PAGE 4(MCL\KW) However, before the revocation of the privilege or license shall become effective, the executive director shall send by registered mail notice to the person or licensee, who shall have the right to a hearing or representation before the commission at the next regular meeting or a special meeting.
The notice shall set out fully the ground or complaint upon which revocation of, or refusal to grant, the privilege or license is sought.
(2) Any person who is convicted for a second time during any period of twelve (12) consecutive months for violation of any of the laws with respect to game, fish or nongame fish or animals shall forfeit his privilege and any license or licenses issued to him by the commission and the commission shall not issue the person any license for a period of one (1) year from the date of forfeiture.
(3) Failure of any person to surrender his license or licenses upon demand made by the commission or by its representatives at the direction of the commission shall be a misdemeanor and shall be punishable as such.
Show all 76 changed rows (36 more)
Previous
Latest
(4) Any violator whose privilege or license has been revoked, who shall, during the period of revocation, be apprehended for hunting or fishing, shall have imposed upon him a mandatory jail term of not less than thirty (30) days nor more than six (6) months.
(5) The commission is authorized to suspend any license issued to any person under this chapter for being out of H.
B.
No.
979 *HR26/R1690CS* ~ OFFICIAL ~ 23/HR26/R1690CS PAGE 5(MCL\KW) compliance with an order for support, as defined in Section 93-11-153.
The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(6) If a person is found guilty or pleads guilty or nolo contendere to a violation of Section 49-7-95, and then appeals, the commission shall suspend or revoke the hunting privileges of that person pending the determination of his appeal.
(7) (a) If a person does not comply with a summons or a citation or does not pay a fine, fee or assessment for violating a wildlife law or regulation, the commission shall revoke the fishing, hunting, or trapping privileges of that person.
When a person does not comply or fails to pay, the clerk of the court shall notify the person in writing by first class mail that if the person does not comply or pay within ten (10) days from the date of mailing, the court will notify the commission and the commission will revoke the fishing, hunting or trapping privileges of that person.
The cost of notice may be added to other court H.
B.
No.
979 *HR26/R1690CS* ~ OFFICIAL ~ 23/HR26/R1690CS PAGE 6(MCL\KW) costs.
If the person does not comply or pay as required, the court clerk shall immediately mail a copy of the court record and a copy of the notice to the commission.
After receiving notice from the court, the commission shall revoke the fishing, hunting or trapping privileges of that person.
(b) A person whose fishing, hunting or trapping privileges have been revoked under this subsection shall remain revoked until the person can show proof that all obligations of the court have been met.
(c) A person shall pay a Twenty-five Dollar ($25.00) fee to have his privileges reinstated.
The fee shall be paid to the department.
SECTION 3.
Section 49-7-141, Mississippi Code of 1972, is brought forward as follows:
49-7-141.
(1) Any person who has been convicted of a Class I violation shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) and shall be imprisoned in the county jail for five (5) days.
The person shall also forfeit all hunting, trapping and fishing privileges for a period of not less than twelve (12) consecutive months from the date of conviction.
(2) In addition to the penalty provided in subsection (1) of this section, any person convicted of a violation of Section 49-7-51 or 49-7-53, Mississippi Code of 1972, may, in the discretion of the court, be fined One Hundred Dollars ($100.00) H.
B.
No.
979 *HR26/R1690CS* ~ OFFICIAL ~ 23/HR26/R1690CS PAGE 7(MCL\KW) for each game animal, game bird or game fish, or part thereof, bought, sold, offered for sale, exchanged for merchandise or other consideration, received for shipment, shipped, transported, carried or possessed with the intent to ship, transport or carry.
SECTION 4.
This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.
H.
B.
No.
979 *HR26/R1690CS* ~ OFFICIAL ~ 23/HR26/R1690CS ST:
Hunting;
provide exeception for recovering PAGE 8(MCL\KW) mortally wounded animals at night with use of light.