WEST virginia legislature
2018 regular session
Introduced
Senate Bill 423
By Senators Maynard and Cline
[Introduced January
30, 2018; Referred
to the Committee on Natural Resources; and then to the Committee on the
Judiciary]
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 on to posted lands, and destroying posted land signs; and setting the penalties to match those of the offense of criminal trespass.
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 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 shall be imprisoned
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: 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: 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.
NOTE: The purpose of this bill is to provide that the penalty for hunting, trapping, or fishing on the lands of another, entering upon posted lands, or destroying posted land signs shall be equivalent to the penalty for criminal trespass.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.