House Bill 929

(As Passed the House)

AN ACT TO AMEND SECTION 49-4-31, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT HUNTING ACCIDENT REPORTS SUBMITTED TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS SHALL BE EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT BUT MAY BE DISCLOSED TO THE PERSON INVOLVED IN THE ACCIDENT OR TO HIS NEXT OF KIN OR LEGAL REPRESENTATIVE UPON REQUEST AND PAYMENT OF A FEE; TO PROVIDE THAT A PERSON WHO HUNTS WHILE IN POSSESSION OF CERTAIN WEAPONS SHALL BE DEEMED TO HAVE GIVEN HIS CONSENT TO A CHEMICAL ANALYSIS OF HIS BLOOD, BREATH OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR DRUGS; TO PROVIDE THAT SUCH CHEMICAL ANALYSIS SHALL BE PERFORMED IN THE MANNER APPROVED BY AND BY PERSONS CERTIFIED BY THE STATE CRIME LABORATORY AND THE COMMISSIONER OF PUBLIC SAFETY; TO GRANT CIVIL AND CRIMINAL IMMUNITY TO A PERSON WHO PERFORMS A CHEMICAL ANALYSIS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS IN SUCH CASES; TO PROVIDE THAT THE RESULTS OF SUCH CHEMICAL ANALYSIS SHALL BE ADMISSIBLE IN EVIDENCE IN CIVIL OR CRIMINAL PROCEEDINGS; TO PROVIDE THAT CONVICTION OF ANY PERSON WHO IS FOUND TO HAVE A CERTAIN AMOUNT OF ALCOHOL IN HIS BLOOD, BREATH OR URINE WHILE HUNTING WITH CERTAIN WEAPONS AND DURING WHICH DEATH OR INJURY RESULTS SHALL RESULT IN SUCH PERSON'S HUNTING PRIVILEGES BEING SUSPENDED; TO REQUIRE SUCH PERSONS WHOSE PRIVILEGES TO HUNT HAVE BEEN SUSPENDED TO COMPLETE AN APPROVED HUNTER EDUCATION COURSE BEFORE HIS HUNTING PRIVILEGES MAY BE REINSTATED; 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) (a) Upon notification by a duly authorized law enforcement officer of a death or injury that occurred by use of a firearm, bow or any other device that serves to launch a projectile 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 accident 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.

(b) Hunting accident/incident reports shall not be a public record nor made available for public distribution, except as otherwise provided by law.

(c) The commission, upon written request of any person involved in a hunting accident or upon written request of the representative of his or her estate, his or her surviving spouse, or one or more of his or her surviving next of kin, may disclose to such requester or his or her legal counsel or representative of his insurer any information contained in such report.

(d) The commission, upon written request for such report, shall charge a minimum reproduction fee of Ten Dollars ($10.00), plus any other costs associated with such reproduction.

(2) (a) Any person who exercises the privilege of hunting in this state, as defined in Section 49-7-49, while in possession of or using a firearm, bow or any other device that serves to launch a projectile, shall be deemed to have given implied consent to a chemical test or tests of his or her blood, breath, urine or other bodily substances for the purpose of determining the presence of alcohol or any other drug, if the person is involved in any hunting related incident causing injury or death to any person by the discharge of a firearm, bow or any other device that serves to launch a projectile.

(b) For the chemical analysis of the person's blood, urine, breath or other bodily substance to be considered valid under this subsection, such analysis shall have been performed according to methods approved as provided under Section 63-11-19, by the State Crime Laboratory and the Commissioner of Public Safety and/or on a machine which was operated with all the electronic and operating components prescribed by its manufacturer properly attached and in good working order and by an individual possessing a valid permit issued by the State Crime Laboratory for this purpose. The State Crime Laboratory and the Commissioner of Public Safety shall approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits as provided under Section 63-11-19, along with requirements for properly operating and maintaining any testing instruments, and to issue certificates certifying that instruments have met those requirements, which certificates and permits shall be subject to termination or revocation at the discretion of the State Crime Laboratory.

(c) 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 alcoholic or drug content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested by a law enforcement officer.

(d) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person involved in any incident described in paragraph (b) of this section, evidence of the amount of alcohol or drug in a person's blood, urine, breath or other bodily substance, at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath or other bodily substance, shall be admissible.

(e) Any person who, while hunting in this state, as defined in Section 49-7-49, while in possession of or using a firearm, bow or any other device that serves to launch a projectile, is involved in any hunting related incident causing injury or death to any person by the discharge of a firearm, bow or any other device that serves to launch a projectile, and who within three (3) hours of such hunt has eight one-hundredths percent (.08%) or more by weight volume of alcohol in the person's blood based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood as shown by a chemical analysis of such person' blood, breath or urine administered as authorized by this subsection, or is under the influence of any drug, or both, in addition to any other punishment imposed, shall have such person's privileges to hunt revoked or suspended for a period of two (2) years. Refusal, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in paragraph (b) of this section, shall result in no test being given; however, evidence of such refusal shall be admissible in any legal action and, in addition to any other punishment imposed, such person's privileges to hunt in this state shall be revoked or suspended for a period of four (4) years.

(f) Any person whose privileges to hunt in this state have been revoked or suspended under this section shall be required to complete an approved Mississippi Hunter Education course during the revoked or suspended period before any privileges to hunt may be reinstated.

SECTION 2. 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 firearm, bow or any other device that serves to launch a projectile 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 3. This act shall take effect and be in force from and after July 1, 2006.