MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Wildlife, Fisheries and Parks; Judiciary B

By: Representative Robinson (84th)

House Bill 690

AN ACT TO AMEND SECTION 97-17-93, MISSISSIPPI CODE OF 1972, TO EXEMPT WILDLIFE CONSERVATION OFFICERS FROM THE PROHIBITION AGAINST ENTERING THE LANDS OF ANOTHER WITHOUT PERMISSION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 97-17-93, Mississippi Code of 1972, is amended as follows:

     97-17-93.  (1)  Any person who knowingly enters the lands of another without the permission of or without being accompanied by the landowner or the lessee of the land, or the agent of such landowner or lessee, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than One Hundred Fifty Dollars ($150.00) nor more than Two Hundred Fifty Dollars ($250.00).  Upon conviction of any person for a second or subsequent offense, the offenses being committed within five (5) years of the last offense, such person shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), and may be imprisoned in the county jail for a period of not less than ten (10) nor more than thirty (30) days, or by both such fine and imprisonment.

     This section shall not apply to the landowner's or lessee's family, guests, or agents, to a surveyor as provided in Section 73-13-103, to wildlife conservation officers in performance of their lawful duties, or to persons entering upon such lands for lawful business purposes.

     (2)  (a)  It shall be the duty of sheriffs, deputy sheriffs, constables and conservation officers to enforce this section.

          (b)  Such officers shall enforce this section by issuing a citation to those charged with trespassing under this section.

     (3)  The provisions of this section are supplementary to the provisions of any other statute of this state.

     (4)  A prosecution under the provisions of this section shall be dismissed upon the request of the landowner, lessee of the land or agent of such landowner or lessee, as the case may be.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2006.