2006 Regular Session
To: Wildlife, Fisheries and Parks
By: Representative Robinson (84th)
AN ACT TO AMEND SECTION 49-4-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A LAW ENFORCEMENT OFFICER TO REQUEST THAT A PERSON INVOLVED IN A HUNTING ACCIDENT IN WHICH HIS USE OF A WEAPON RESULTS IN INJURY OR DEATH TO SUBMIT TO A CHEMICAL TEST FOR DETERMINING THE PRESENCE OF ALCOHOL; TO PROVIDE THAT A PERSON WHO HUNTS IN THIS STATE IS DEEMED TO GIVE IMPLIED CONSENT TO SUCH TESTS IF THE PERSON IS INVOLVED IN A HUNTING ACCIDENT IN WHICH THE USE OF A WEAPON RESULTS IN SERIOUS INJURY OR DEATH TO ANOTHER PERSON; TO REQUIRE SUCH TESTS TO MEET THE REQUIREMENTS UNDER THE IMPLIED CONSENT LAW; TO PROVIDE FOR SUSPENSION OF THE HUNTING LICENSE IF THE PERSON IS INTOXICATED; TO AMEND SECTION 63-11-19, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-4-31, Mississippi Code of 1972, is amended as follows:
49-4-31. (1) Upon notification by a duly authorized law enforcement officer of a death or injury that occurred by use of a weapon by any person engaged in hunting, a hunter safety officer of the department shall immediately initiate an investigation of the incident and shall submit a report to the executive director of the department. The executive director shall submit the report to the commission. If the commission determines there is probable cause to believe that the incident occurred as a result of culpable negligence on the part of the person causing the death or injury, the commission shall notify the district attorney of the circuit court district in which the incident occurred.
(2) A law enforcement officer may request that the person who causes serious bodily injury or death to another person by use of a weapon submit to a chemical test for determining the presence of alcohol or other drugs.
SECTION 2. (1) Any person who exercises the privilege of hunting in this state shall be deemed to have given implied consent to a chemical test of his blood, breath, urine or other bodily substance for the purpose of determining the presence of alcohol or any other drug if the person is involved in a hunting incident in which his use of a weapon caused an injury or death to a person.
(2) For the chemical analysis of the person's blood, breath,
urine or other bodily substance to be considered valid under this section, the analysis must have been performed according to the requirements established in Section 63-11-19.
(3) When a person undergoes a chemical test at the request of a law enforcement officer, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may draw blood for the purpose of determining the alcohol or drug content therein. This limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, emergency medical technician or other qualified person shall incur any civil liability as a result of the medically proper taking of the blood specimens when requested by a law enforcement officer.
SECTION 3. (1) A person involved in a hunting incident in which his use of a weapon caused a serious bodily injury or death to another person and who has an alcohol concentration of eight one-hundredths percent (.08%) or more based on specified levels in Section 63-11-30, or is under the influence of any drug or controlled substance, shall have his hunting privileges revoked or suspended for two (2) years, in addition to any other punishment imposed. The chemical test must have been administered within three (3) hours after the hunting incident.
(2) If a person refuses to submit to the test at the request of a law enforcement officer, then none shall be given. The hunting privileges of a person who refuses the test shall be suspended for four (4) years. The law enforcement officer shall inform the person that his refusal to submit to a test is admissible in court and that his hunting privileges will be revoked or suspended for four (4) years.
(3) The results of such tests and the refusal to submit to a test shall be admissible in any civil or criminal action arising out of the hunting incident in which the person was involved.
(4) Any person whose hunting privileges are revoked or suspended under this section shall be required to complete an approved hunter education course before hunting privileges may be restored.
SECTION 4. (1) Hunting incident reports shall be exempt from disclosure or dissemination under the Mississippi Public Records Act of 1983 in accordance with the provisions of Section 45-29-1.
(2) Upon written request of any person involved in the hunting incident, the representative of his estate, the surviving spouse or surviving next of kin, the commission may disclose to the requesting party or the requestor's legal counsel or insurance representative any information contained in the report.
(3) The commission shall charge a minimum reproduction fee of Ten Dollars ($10.00) plus any other costs associated with the request for the report.
SECTION 5. Section 63-11-19, Mississippi Code of 1972, is amended as follows:
63-11-19. A chemical analysis of the person's breath, blood or urine, to be considered valid under the provisions of this section, shall have been performed according to methods approved by the State Crime Laboratory created pursuant to Section 45-1-17 and the Commissioner of Public Safety and performed by an individual possessing a valid permit issued by the State Crime Laboratory for making such analysis. The State Crime Laboratory and the Commissioner of Public Safety are authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the State Crime Laboratory. The State Crime Laboratory shall not approve the permit required herein for any law enforcement officer other than a member of the State Highway Patrol, a sheriff or his deputies, a city policeman, an officer of a state-supported institution of higher learning campus police force, a security officer appointed and commissioned pursuant to the Pearl River Valley Water Supply District Security Officer Law of 1978, a national park ranger, a national park ranger technician, a military policeman stationed at a United States military base located within this state other than a military policeman of the Army or Air National Guard or of Reserve Units of the Army, Air Force, Navy or Marine Corps, a marine law enforcement officer employed by the Department of Marine Resources, or a conservation officer employed by the Mississippi Department of Wildlife, Fisheries and Parks. The permit given * * * a marine law enforcement officer shall authorize such officer to administer tests only for violations of Sections 59-23-1 through 59-23-7. The permit given a conservation officer shall authorize such officer to administer tests only for violations of Sections 59-23-1 through 59-23-7 and for hunting related incidents resulting in injury or death to any person by discharge of a weapon as provided under Section 49-4-31.
The State Crime Laboratory shall make periodic, but not less frequently than quarterly, tests of the methods, machines or devices used in making chemical analysis of a person's breath as shall be necessary to ensure the accuracy thereof, and shall issue its certificate to verify the accuracy of the same.
SECTION 6. This act shall take effect and be in force from and after July 1, 2006.