Introduced Version
House Bill 4513 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4513
(By Delegates Yeager, Talbott, Hrutkay
and R. Thompson)
[Introduced February 17, 2004; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact §20-2-7 of the code of West Virginia,
1931, as amended, relating to providing that persons may not
be guilty of trespassing or hunting without permission because
the person unintentionally permits his or her dog to pursue an
animal or wild bird onto another person's land.
Be it enacted by the Legislature of West Virginia:
That §20-2-7 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-7. Hunting, trapping or fishing on lands of another;
damages and compensation.
(a) It shall be is unlawful for any person to shoot, hunt,
fish or trap upon the fenced, enclosed or posted grounds or lands
of another person; or to peel trees or timber, build fires or do
any other act or thing thereon in connection with or auxiliary to
shooting, hunting, fishing or trapping on such lands without permission in writing from the owner, tenant or agent of such the
owner, and every owner. Every person hunting, fishing, shooting or
fowling upon such lands of another shall have in his or her
possession such written permission when so doing.
(b) Any person who, for the purpose of, or while hunting,
trapping or fishing, shall, without the permission of the owner,
tenant or agent of the owner, enter upon the land of another and
while thereon shall kill or injure any domestic animal or fowl, or
shall fowl; cut, destroy or damage any bars, gates or fence, or any
part thereof, or shall thereof; leave open any bars or gates
thereon resulting in damage to the owner or occupant thereof,
property shall be guilty of a misdemeanor, and in addition shall be
misdemeanor and liable to the owner or person suffering such damage
for all costs and damages resulting therefrom.
It shall be lawful for the (c) The owner, lessee or the person
entitled to the possession of such lands, or the agent thereof, to
tenant or agent of the owner may arrest any such a person found
violating this section and immediately take him or her before a
justice of the peace magistrate for trial, and such . The owner,
lessee, person or agent tenant or agent of the owner is hereby
vested with all the powers and rights of a game protector
conservation officer for such these purposes. The officers charged
with the enforcement of the provisions of this chapter shall have
the duty to enforce the provisions of this section if requested to
do so by such the owner, lessee, person or agent tenant or agent of the owner, but not otherwise.
(d)A person is not criminally liable under this section and
cannot be arrested pursuant to subsection (c) if the person
unintentionally permits his or her dog while beyond the control of
the person to pursue an animal or wild bird onto fenced, enclosed
or posted grounds or lands of another person.
Note: The purpose of this bill is to prohibit criminal action
against a person who unintentionally allows his or her dog to
pursue an animal or wild bird onto private property.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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