House Bill 827

AN ACT TO CREATE THE RICK KENNEDY ACT; TO PROVIDE THAT IF A PERSON, WHILE TAKING ANY BIRD OR MAMMAL, WHO KILLS OR INJURES ANOTHER PERSON BY THE USE OF A FIREARM, BOW AND ARROW, OR OTHER WEAPON OR DEVICE USED IN SUCH TAKING, AND HE OR SHE IS SUBJECT TO CRIMINAL CHARGES AND CHARGED AS A RESULT OF SUCH KILLING OR INJURY, THE PERSON SHALL HAVE HIS OR HER HUNTING LICENSE SUSPENDED UNTIL ALL SUCH CRIMINAL CHARGES HAVE BEEN WITHDRAWN, DROPPED, OR OTHERWISE DISMISSED, OR UNTIL HE OR SHE HAS BEEN ACQUITTED OR FOUND NOT GUILTY OF ALL CRIMINAL CHARGES; TO PROVIDE THAT IN ORDER FOR SUCH PERSON TO HAVE HIS OR HER HUNTING LICENSE REINSTATED DUE TO NEGLIGENCE, HE OR SHE MUST HAVE BEEN ISSUED CERTIFICATION OF SATISFACTORY COMPLETION OF A HUNTER EDUCATION COURSE APPROVED BY THE DEPARTMENT, AND MUST APPEAR BEFORE THE COMMISSION TO HAVE HIS OR HER HUNTING LICENSE REINSTATED AFTER A ONE YEAR PROBATION PERIOD HAS ENDED; TO BRING FORWARD SECTION 49-4-31, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the Rick Kennedy Act.

SECTION 2. If a person, while taking any bird or mammal, who kills or injures another person by the use of a firearm, bow and arrow, or other weapon or device used in such taking, and he or she is subject to criminal charges and charged as a result of such killing or injury, the person shall have his or her hunting license suspended until all such criminal charges have been withdrawn, dropped, or otherwise dismissed, or until he or she has been acquitted or found not guilty of all criminal charges.

If such person is acquitted or found not guilty of all criminal charges, or such charges have been withdrawn, dropped, or otherwise dismissed, then in order to have his or her hunting license reinstated due to negligence, the person must have been issued certification of satisfactory completion of a hunter education course approved by the department, and must appear before the commission to have his or her hunting license reinstated after a one (1) year probation period has ended.

SECTION 3. Section 49-4-31, Mississippi Code of 1972, is brought forward 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 4. This act shall take effect and be in force from and after July 1, 2026.