House Bill 1095

AN ACT TO AMEND SECTION 49-4-31, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY OTHER PERSON, IN ADDITION TO AN AUTHORIZED LAW ENFORCEMENT OFFICER, MAY NOTIFY THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS OF A DEATH OR INJURY THAT OCCURRED BY USE OF A WEAPON BY ANY PERSON ENGAGED IN HUNTING; TO REQUIRE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO CONDUCT A HEARING AFTER A DEATH OR INJURY THAT OCCURRED BY USE OF A WEAPON BY A PERSON ENGAGED IN HUNTING TO DETERMINE IF THE INCIDENT OCCURRED BECAUSE OF NEGLIGENCE; TO REQUIRE THE COMMISSION TO SUSPEND A PERSON'S HUNTING LICENSE FOR A PERIOD OF TWELVE MONTHS IF IT IS DETERMINED THAT THE INCIDENT OCCURRED BECAUSE OF A NEGLIGENT ACT THAT DOES NOT RISE TO THE LEVEL OF CULPABLE NEGLIGENCE ON THE PART OF THE PERSON CAUSING THE DEATH OR INJURY; TO REQUIRE THE COMMISSION TO SUSPEND A PERSON'S HUNTING LICENSE FOR A PERIOD OF NOT LESS THAN FIVE YEARS, UP TO A MAXIMUM OF A LIFETIME SUSPENSION, IF IT IS DETERMINED THAT THE INCIDENT OCCURRED BECAUSE OF CULPABLE NEGLIGENCE ON THE PART OF THE PERSON CAUSING THE DEATH OR INJURY; 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 or any other person 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, and the commission shall conduct a hearing to determine if the incident occurred because of negligence. If the commission determines that the incident occurred because of a negligent act that does not rise to the level of culpable negligence on the part of the person causing the death or injury, then the commission shall suspend the person's hunting license for a period of twelve (12) months. 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~~ then the commission shall suspend the person's hunting license for a period of not less than five (5) years, up to a maximum of a lifetime suspension and 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. This act shall take effect and be in force from and after July 1, 2020.