Adopted

AMENDMENT NO 1 TO COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No.  816

BY: Senator(s) Posey

     AMEND by striking paragraph (b), lines 15 through 25, in its entirety and inserting the following in lieu thereof:

          (b)  For any person to be charged with a violation of this subsection, that person must have been observed committing an overt act consistent with the hunting of deer at night with the aid of a light, lighting device or light amplifying device.  An overt act includes, but shall not be limited to, another person witnessing the discharge of a weapon capable of killing a deer or hearing the report of a firearm being fired, the alleged violator has possession of a recently killed deer which could not have been killed during legal hunting hours, or observation of an alleged violator committing any of the circumstances set forth in this subsection.