1998 Regular Session
To: Wildlife and Fisheries
By: Senator(s) Posey
Senate Bill 2881
(As Sent to Governor)
AN ACT TO AMEND SECTION 49-7-95, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE KILLING OF DEER AT NIGHT WITH A LIGHT AMPLIFYING DEVICE; TO AMEND SECTION 49-7-103, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CONFISCATION OF SUCH DEVICES WHEN USED TO KILL DEER AT NIGHT; TO PROVIDE THAT ANYONE FOUND GUILTY OF VIOLATING THE PROVISIONS OF SECTION 49-7-95, MISSISSIPPI CODE OF 1972, WHO KILLS OR SHOOTS LIVESTOCK SHALL BE PUNISHED AS PROVIDED IN SECTION 97-41-15, MISSISSIPPI CODE OF 1972, IN ADDITION TO THE PENALTIES PROVIDED IN SECTION 49-7-95, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-7-95, Mississippi Code of 1972, is amended as follows:
49-7-95. Any person who hunts or takes or kills any deer at night by headlighting, by any lighting device or light amplifying device shall, upon conviction thereof, be guilty of a Class I violation and shall be punished as provided in Section 49-7-141. * * * Violators of this section, upon conviction, shall also forfeit all hunting, trapping and fishing privileges for a period of not less than three (3) consecutive years from the date of conviction and shall attend such courses prescribed by the commission. This section shall not apply to any deer killed in an accident with any motor vehicle. Anyone found guilty of violating this section who shoots or kills any livestock shall be punished as provided in Section 97-41-15 in addition to the penalties provided in this section.
SECTION 2. Section 49-7-103, Mississippi Code of 1972, is amended as follows:
49-7-103. The following property is subject to forfeiture: any firearm, equipment, appliance, conveyance or other * * * property used directly or indirectly in the hunting or catching or capturing or killing of deer at night with any headlight * * *, lighting device or light amplifying device, or in fishing for, or killing or capturing fish by using a telephone, magneto, battery, or any other electrically operated device including but not limited to any all-terrain vehicle, trailer, boat, outboard motor, airplane, net, light, battery, magneto, wires, telephone device, or any other device or contrivance or other vehicle, or which may be used in the transportation of any dead or live deer taken, captured, or killed at night with or by means of a headlight * * *, lighting device or light amplifying device, or any dead or live fish killed, stunned, captured, or taken by using a telephone, battery, magneto, or any other electrically operated device. * * * No motor vehicle that is of the type required to be titled under the Mississippi Motor Vehicle Title Law is subject to forfeiture. Property subject to forfeiture shall be seized by any employee of the department * * * or other officer of the law including any sheriff or deputy sheriff. Upon the seizure of such property proceedings shall be instituted pursuant to Sections 49-7-251 through 49-7-257.
SECTION 3. This act shall take effect and be in force from and after its passage.