MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary B

By: Representative Calvert

House Bill 1208

(As Sent to Governor)

AN ACT TO AMEND SECTION 49-7-79, MISSISSIPPI CODE OF 1972, TO REVISE THE LAW PROHIBITING HUNTING ON LANDS OF OTHERS; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; TO AMEND SECTION 97-17-85, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 49-7-79, Mississippi Code of 1972, is amended as follows:

     49-7-79.  (1)  It shall be unlawful for any person to knowingly enter the lands of another without the permission of, or without being accompanied by, the landowner or the lessee of the land, or the agent of such landowner or lessee, to hunt, fish, shoot, or trap * * *or otherwise trespass on the lands or leases of another * * *after having been warned not to do so, whether in person or by posting of suitable notice in conspicuous places on such lands.

     (2)  Any person convicted of violating subsection (1) of this section shall be guilty of a misdemeanor, and upon conviction, shall be punished for the first offense by a fine of not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00).  Upon conviction of any person for a second or subsequent offense, with the offenses being committed within five (5) years of the last offense, such person shall be punished by a fine of not less than One Thousand Dollars ($1,000.00), nor more than One Thousand Five Hundred Dollars ($1,500.00).

     (3)  Any person convicted of a second or subsequent offense under subsection (1) of this section, the offenses being committed within a five-year period, shall also forfeit all hunting, trapping, and fishing privileges for a period of one-year.  Such person shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his or her privileges restored.

     (4)  Any animal, bird, fish, or parts thereof, that have been unlawfully taken or possessed in violation of subsection (1) of this section shall be seized by a law enforcement officer and disposed of by the department, or under its direction.

     (5)  In addition to any fine or penalty assessed due to a violation of this section, a person convicted of violating subsection (1) of this section shall also pay restitution to the landowner of not less than One Hundred Dollars ($100.00), nor more than Two Hundred Fifty Dollars ($250.00), for each animal, bird, fish, or parts thereof, taken or possessed in violation of this section.  The total amount of restitution authorized by this paragraph shall be paid to the landowner; and shall not exceed an aggregate total of One Thousand Five Hundred Dollars ($1,500.00) regardless of the number of animals unlawfully taken or possessed in violation of this section.

     SECTION 2.  Section 97-17-85, Mississippi Code of 1972, is amended as follows:

     97-17-85.  Except as otherwise provided in Sections 73-13-103 and 49-7-79, if any person shall go upon the enclosed land of another without his consent, after having been notified by such person or his agent not to do so, either personally or by published or posted notice, or shall remain on such land after a request by such person or his agent to depart, he shall, upon conviction, be fined not more than Fifty Dollars ($50.00) for such offense.  The provisions of this section shall apply to land not enclosed where the stock law is in force.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2024.