MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Wildlife, Fisheries and Parks
By: Representative Moak (By Request)
AN ACT TO AMEND SECTION 49-7-95, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE USE OF LIGHT AMPLIFYING DEVICES ON LAND IN WHICH RECORD TITLE IS VESTED IN THE HUNTER OR UPON LAND OF ANOTHER WHICH SUCH PERSON HAS PERMISSION OR THE LEGAL RIGHT TO HUNT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-7-95, Mississippi Code of 1972, is amended as follows:
49-7-95. (1) (a) Any person who hunts or takes or kills any deer at night by headlighting, by any lighting device or light amplifying device shall, upon conviction thereof, be guilty of a Class I violation and shall be punished as provided in Section 49-7-141.
(b) It shall not be unlawful for a person to use light amplifying devices on land in which the record title is vested in the person, or on land of another upon which the person has permission or the legal right to hunt; however, such person shall not take or kill game by doing same, and upon conviction thereof, shall be guilty of a violation of Section 49-7-95(a).
(2) (a) Violators of this section, twenty-one (21) years old or older, upon conviction, shall also forfeit all hunting, trapping and fishing privileges for a period of not less than three (3) consecutive years from the date of conviction and shall attend such courses prescribed by the commission. A violator shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his privileges restored.
(b) A violator of this section under the age of twenty-one (21), upon conviction, shall forfeit all hunting, trapping and fishing privileges for one (1) year from the date of conviction, and shall attend courses prescribed by the commission. A violator under the age of twenty-one (21) may petition the commission to have his privileges restored after he has paid his penalty. The violator shall pay a reinstatement fee of Two Hundred Fifty Dollars ($250.00) to have his privileges restored.
(c) A person under the age of twenty-one (21) convicted of a second or subsequent violation of this section shall forfeit all hunting, trapping and fishing privileges for a period of not less than three (3) consecutive years from the date of conviction and shall attend courses prescribed by the commission. The person shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his privileges restored.
(d) A person who is appealing from a violation of this section shall have his hunting privileges suspended or revoked as provided in Section 49-7-27.
(3) This section shall not apply to any deer killed in an accident with any motor vehicle.
(4) Anyone found guilty of violating this section who shoots or kills any livestock shall be punished as provided in Section 97-41-15, in addition to the penalties provided in this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.