Adopted

COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No. 1208

BY: Committee

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

     SECTION 1.  Section 49-7-79, Mississippi Code of 1972, is amended as follows:

     49-7-79.  (1)  It shall be unlawful for a person to knowingly enter 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, to hunt, fish, shoot * * *, or trap * * * or otherwise trespass on the lands or leases of another * * * after having been warned not to do so, whether in person or by posting of suitable notice in conspicuous places on such lands.

(2)  A violation of subsection (1) of this section shall be a misdemeanor punishable as provided in Section 97-17-93.

(3)  A second or subsequent violation of subsection (1) of this section shall also require forfeiture of all hunting, trapping and fishing privileges for a period of one (1) year.  A violator shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his privileges restored.

(4)  Any fish, wildlife or parts thereof that have been unlawfully taken or possessed by means of a violation of subsection (1) of this section shall be seized by the law enforcement officer and disposed of by the department, or under its direction.

(5)  In addition to any other fines or penalties, a person convicted of a violation of subsection (1) of this section shall be assessed an administrative fee of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each animal, bird, fish or part thereof taken or possessed by means of such violation.

(6)  The clerk of the court shall collect and deposit the administrative fee with the State Treasurer.

(7)  The administrative fee shall be credited to the department, which may expend it upon appropriation by the Legislature.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2024.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

     AN ACT TO AMEND SECTION 49-7-79, MISSISSIPPI CODE OF 1972, TO REVISE THE DESCRIPTION OF THE OFFENSE OF TRESPASSING TO HUNT, FISH, SHOOT OR TRAP; TO SUBSTITUTE THE REQUIREMENT OF THE OFFENDER'S KNOWLEDGE OF THE TRESPASS FOR THE REQUIREMENT OF A PRIOR WARNING NOT TO TRESPASS; TO CLASSIFY VIOLATIONS AS MISDEMEANORS PUNISHABLE AS PROVIDED IN SECTION 97-17-93 FOR WILLFUL OR MALICIOUS TRESPASS; TO IMPOSE OTHER PENALTIES AND ADMINISTRATIVE FEES FOR VIOLATIONS; AND FOR RELATED PURPOSES.

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