ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 612
(Senators Fanning, Bowman and Barnes, original sponsors)
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[Passed March 10, 2007; in effect ninety days from passage.]
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AN ACT to amend and reenact §20-7-9 of the Code of West Virginia,
1931, as amended, relating to increasing the criminal
penalties for violation of certain hunting and fishing laws by
nonresidents.
Be it enacted by the Legislature of West Virginia:
That §20-7-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
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 twenty nor more than three hundred dollars or
confined in jail not less than ten or more than one hundred 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 shall be guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than one hundred
dollars nor more than five hundred dollars and shall be imprisoned
for not less than ten days nor more than one hundred days:
Provided, however, That any person
who is in violation of section
twenty-seven, article two of this chapter 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, or a
valid Class EE nonresident bear hunting license,
as defined by
section forty-two-
e of this article, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than two hundred
fifty dollars nor more than five hundred dollars,
or confined in jail not less than ten nor more than one hundred
days, or both fined and imprisoned: Provided further, That any
person who is in violation of
section twenty-seven, article two of
this chapter
as a result of their failure to have a Class F
nonresident fishing license, as defined by section forty-two-f of
this article, shall be guilty of a misdemeanor and, upon conviction thereof, fined not less than one hundred dollars nor more than
three hundred dollars or confined in jail not less than ten nor
more than one hundred 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 two nor more than
one hundred dollars or imprisoned in jail not more than ten days,
or both fined and imprisoned.
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