MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Wildlife, Fisheries and Parks

By: Representative Rotenberry

House Bill 383

AN ACT TO AMEND SECTION 49-7-20.1, MISSISSIPPI CODE OF 1972, TO REDUCE FROM TWELVE YEARS TO TEN YEARS THE MINIMUM AGE OF CHILDREN WHO ARE REQUIRED TO COMPLETE A HUNTER EDUCATION COURSE AND WHO MUST BE SUPERVISED BY AN ADULT WHEN ENGAGED IN HUNTING ACTIVITIES; TO PRESCRIBE CRIMINAL PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 49-7-20.1, Mississippi Code of 1972, is amended as follows:

     49-7-20.1.  (1)  To reduce hunting accidents of children under license age, to protect the safety of these children and to promote hunter safety, a child at least ten (10) years of age and under sixteen (16) years of age must have a certificate of satisfactory completion of a hunter education course approved by the department before hunting in this state.

     (2)  A child under the age of ten (10) must be in the presence and under the direct supervision of a licensed or exempt hunter at least twenty-one (21) years of age when the child is hunting.

     (3)  A violation of subsection (1) or subsection (2) of this section shall be punished as follows:

          (a)  For conviction of a first offense:

              (i)  The parents or legal guardian of the child may be fined not more than One Thousand Dollars ($1,000.00);

              (ii)  The child shall be required to attend and satisfactorily complete a hunter education course approved by the Department of Wildlife, Fisheries and Parks; and

              (iii)  The child shall be warned of the penalty for a second violation.

          (b)  For conviction of a second offense, the offenses being committed within three (3) years:

              (i)  The parents or legal guardian of the child shall be fined not more than One Thousand Five Hundred Dollars ($1,500.00);

              (ii)  The child shall be required to attend and satisfactorily complete a hunter education course approved by the Department of Wildlife, Fisheries and Parks and/or required to satisfactorily complete thirty (30) hours of community service; and

              (iii)  The child shall be warned of the penalty for a third violation.

          (c)  For conviction of a third offense, the offenses being committed within three (3) years:

              (i)  The parents or legal guardian of the child shall be fined Two Thousand Five Hundred Dollars ($2,500.00);

              (ii)  The child shall be required to satisfactorily complete sixty (60) hours of community service; and

              (iii)  All firearms, equipment and vehicles not authorized for operation on public roadways, that were used in the hunt shall be seized and forfeited.

          (d)  For conviction of a fourth or subsequent offense, the offenses being committed within three (3) years:

              (i)  The parents or legal guardian of the child shall be fined Five Thousand Dollars ($5,000.00); and

              (ii)  All firearms, equipment and vehicles not authorized for operation on public roadways, that were used in the hunt shall be seized and forfeited.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2005.