Bill Text: WV HB4673 | 2016 | Regular Session | Enrolled
Bill Title: Providing for a crime for the theft, damage or release of deer from private game farms
Spectrum: Slight Partisan Bill (Republican 8-3)
Status: (Passed) 2016-05-13 - Chapter 7, Acts, Regular Session, 2016 [HB4673 Detail]
Download: West_Virginia-2016-HB4673-Enrolled.html
WEST virginia legislature
2016 regular session
ENROLLED
Committee Substitute
for
House Bill 4673
By Delegates Anderson, Kelly, Border, A. Evans, Phillips, Wagner, Trecost, R. Smith, Shaffer, Ireland and Miller
[Passed March 12, 2016; in effect ninety days from passage.]
AN ACT to amend and reenact §19-2H-11 of the Code of West Virginia, 1931, as amended, relating to captive cervid; establishing a misdemeanor penalty to kill, injure, or take captive cervid; and setting forth fines and restitution.
Be it enacted by the Legislature of West Virginia:
That §19-2H-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:
ARTICLE 2H. CAPTIVE CERVID FARMING ACT.
§19‑2H‑11. Prohibited conduct; criminal penalties.
(a) A person may not release or permit the release of any captive cervids from a captive cervid farming facility.
(b) A person may not cause the entry or introduction of wild cervids into a captive cervid farming facility.
(c) An owner may not cease operation of or abandon a captive cervid farming facility without complying with the requirements and rules promulgated under this article.
(d) Any person who violates subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than ninety days, or fined not more than $300, or both fined and confined for a first offense. Any person who violates subsection (a) or (b) of this section for a second or subsequent offense is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, or fined not more than $1,000, or both fined and confined.
(e) Any person who intentionally or knowingly violates subsection (a), (b) or (c) of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than three years, or fined not more than $1,000, or both fined and imprisoned.
(f) A person may not kill, injure, or take any captive cervid that is the property of another. A person who violates this subsection is guilty of a misdemeanor and, upon conviction thereof, may be fined not more than $500 and pay restitution pursuant to sections four and five, article eleven-a, chapter sixty-one of this code.
