WEST virginia legislature

2016 regular session

Committee Substitute

for

House Bill 4673

By Delegates Anderson, Kelly, Border, A. Evans, Phillips, Wagner, Trecost, R. Smith, Shaffer, Ireland and Miller

[Introduced February 22, 2016; Referred to the Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931 as amended, by adding thereto a new section, designated §20-2-7a, relating to making unlawful the theft, damage or release of deer from private game farms; providing definitions; creating a crime for the taking or carrying away, or intentionally injuring or releasing any captive cervid that is the property of another person; providing a criminal penalty; and providing for restitution to be paid to the victim.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated section §20-2-7a, to read as follows:

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-7a. Theft, infliction of injury or release of deer from private game farm prohibited; penalty and restitution.

For purposes of this section:

(a) "Captive cervid" or the plural means a member of the Cervidae family of animals including, but not limited to, fallow deer, red deer, white-tailed deer, axis deer, elk, moose, reindeer and caribou which are domesticated animals under the control of the owner of the animal in a facility regulated and licensed by the Department of Agriculture pursuant to chapter nineteen, two-h of this code.

(b) It is unlawful for any person to take or carry away, or to intentionally injure or release any captive cervid that is the property of another person.

            (c) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, may be fined up to $500, and restitution shall be ordered pursuant to sections four and five, article eleven-a, chapter sixty-one of the code.  

NOTE: The purpose of this bill is to provide for a crime for the theft, damage or release of deer from private game farms. The bill makes the crime a misdemeanor; and provides for a criminal penalty and restitution to be paid to the victimized private game farm owner.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.