Bill Text: WV SB423 | 2018 | Regular Session | Comm Sub

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Bill Title: Relating to hunting, trapping, or fishing on another person's lands

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-02-15 - To Judiciary [SB423 Detail]

Download: West_Virginia-2018-SB423-Comm_Sub.html

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WEST virginia legislature

2018 regular session

Committee Substitute

for

Senate Bill 423

By Senators Maynard and Cline

[Originating in the Committee on Natural Resources; Reported on February 15, 2018]

 

 

A BILL to amend and reenact §20-7-9 of the Code of West Virginia, 1931, as amended, relating to criminal penalties for the offenses of hunting, trapping, or fishing on the lands of another person, entering onto posted lands, and destroying posted land signs; and raising the range of fines that a court may impose for such offenses.

Be it enacted by the Legislature of West Virginia:

ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.

§20-7-9. Violations of chapter generally; penalties.

Any person violating any of the provisions of this chapter or rules promulgated under the provisions of this chapter, the punishment for which is not prescribed, shall be guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than $20 nor more than $300 or confined in jail not less than 10 or more than 100 days, or be both fined and imprisoned confined within the limitations aforesaid and, in the case of a violation by a corporation, every officer or agent thereof directing or engaging in such violation shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the same penalties and punishment as herein provided: Provided, That any person violating subdivision (3), section five, article two of this chapter §20-2-5(a)(3), §20-2-7(a), §20-2-8, or §20-2-10 of this code shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 and or shall be imprisoned confined in jail  for not less than 10 days nor more than 100 days: Provided, however, That any person who is in violation of §20-2-27 of this code as a result of their failure to have a valid Class E nonresident hunting and trapping license, as defined by section forty-two-d of this article §20-2-42d of this code, or a valid Class EE nonresident bear hunting license, as defined by section forty-two-e of this article §20-2-42e of this code, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not less than $250 nor more than $500, or confined in jail not less than 10 nor more than 100 days, or both fined and imprisoned confined: Provided further, That any person who is in violation of §20-2-27 of this code as a result of their failure to have a Class F nonresident fishing license, as defined by §20-2-42f of this code, shall be guilty of a misdemeanor and, upon conviction thereof, fined not less than $100 nor more than $300 or confined in jail not less than 10 nor more than 100 days, or both fined and imprisoned confined: And provided further, That any person violating any parking or speeding regulations as promulgated by the director on any state parks, state forests, public hunting and fishing areas, and all other lands and waters owned, leased, or under the control of the Division of Natural Resources shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $2 nor more than $100 or imprisoned in jail not more than 10 days, or both fined and imprisoned.