House Bill 1637

AN ACT TO AMEND SECTION 49-7-79, MISSISSIPPI CODE OF 1972, TO REVISE THE AMOUNT OF RESTITUTION PAYABLE TO A LANDOWNER BY A PERSON CONVICTED OF FISHING ON ANOTHER'S LAND AND TO REQUIRE THE PAYMENT OF AN ASSESSMENT FOR THE TAKING OF WILD ANIMALS AND BIRDS ON ANOTHER'S LAND; AND FOR RELATED PURPOSES.

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

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

49-7-79. (1) It shall be unlawful for any 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 on the lands or leases of another.

(2) Any person convicted of violating subsection (1) of this section shall be guilty of a misdemeanor, and upon conviction, shall be punished for the first offense by a fine of not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00). Upon conviction of any person for a second or subsequent offense, with the offenses being committed within five (5) years of the last offense, such person shall be punished by a fine of not less than One Thousand Dollars ($1,000.00), nor more than One Thousand Five Hundred Dollars ($1,500.00).

(3) Any person convicted of a second or subsequent offense under subsection (1) of this section, the offenses being committed within a five-year period, shall also forfeit all hunting, trapping, and fishing privileges for a period of one (1) year. Such person shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his or her privileges restored.

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

(5) In addition to any fine or penalty assessed due to a violation of this section, a person convicted of violating subsection (1) of this section who unlawfully takes or possesses any fish caught from a private lake, private pond or other private waterbody shall make restitution to the landowner owning the private pond or other private waterbody in the amount of One Hundred Dollars ($100.00) for each fish taken or possessed in violation of this section * * *. The total amount of restitution authorized by this paragraph shall be paid to the landowner * * *; and shall not exceed an aggregate total of One Thousand Five Hundred Dollars ($1,500.00) regardless of the number of * * *~~animals~~ fish unlawfully taken or possessed in violation of this section.

(6) (a) In addition to any other fine or penalty assessed due to a violation of this section, a person convicted of violating subsection (1) of this section who unlawfully takes or possesses any wild animal, wild bird or parts of a wild animal or wild bird shall be required to make restitution to the natural resource by paying an assessment of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), for each wild animal or wild bird or parts of a wild animal or wild bird taken or possessed in violation of this section. The total amount of this assessment may not exceed an aggregate total of Two Thousand Dollars ($2,000.00) regardless of the number of wild animals or wild birds or parts of wild animals or wild birds unlawfully taken or possessed in violation of this section.

(b) The clerk of the court shall collect and deposit the assessments collected pursuant to this subsection with the State Treasurer in the same manner and in accordance with the same procedures, as nearly as practicable, as required for the collection and deposit of other state assessments under Section 99-19-73.

(c) The restitution assessment collected pursuant to this subsection must be credited to the Department of Wildlife, Fisheries and Parks and deposited in the Fisheries and Wildlife Fund created in Section 49-5-21 for the purposes of wildlife and sport fish restoration.

(d) Restitution assessment monies collected pursuant to this subsection may be expended by the department upon appropriation by the Legislature.

SECTION 2. This act shall take effect and be in force from and after its passage.