Adopted
COMMITTEE AMENDMENT NO 1 PROPOSED TO
House Bill No. 1095
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
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 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. Upon transmission of its recommendation to the appropriate district attorney, the commission shall suspend the hunting, trapping, and fishing rights of the individual who allegedly caused the injury or death, until the matter has been referred to the grand jury and during any subsequent prosecution, or until the district attorney informs the commission that he or she does not choose to prosecute, or if the grand jury did not return an indictment.
(b) If the district attorney does not choose to prosecute, or if the grand jury does not return an indictment, the recommendation and findings of the commission, including the department's investigative file or files, shall, upon written request, be provided to the victim, his or her heirs, estate, insurer, or other legal representative, for a possible civil action, and the rights of the individual who allegedly caused the injury or death to hunt, trap, and fish shall be restored pending further action.
(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.
(3) Any individual who is convicted of felonious and criminally negligent homicide shall, upon conviction, forfeit his or her right to hunt, trap, and fish, in the same manner as he or she loses other constitutional rights.
(4) Any individual found to be liable for the wrongful death of another as a result of any civil action proceeding out of the findings of the commission shall forfeit his or her right to hunt, trap, and fish for a period of not less than ten (10) years nor more than twenty (20) years, as determined by the court hearing the action.
(5) Any individual found to be liable for negligent harm to another as a result of any civil action proceeding out of the findings of the commission shall forfeit his or her right to hunt, trap, and fish for a period of not less than five (5) years from the date of the verdict.
SECTION 2. This act shall take effect and be in force from and after July 1, 2020, and shall stand repealed on June 30, 2020.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 49-4-31, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS SHALL SUSPEND THE HUNTING, TRAPPING, AND FISHING RIGHTS OF AN INDIVIDUAL WHO, BY USE OF A WEAPON WHILE ENGAGING IN HUNTING, CAUSES INJURY OR DEATH TO ANOTHER, UNTIL THE MATTER HAS BEEN REFERRED TO THE GRAND JURY AND DURING ANY SUBSEQUENT PROSECUTION, OR UNTIL THE DISTRICT ATTORNEY INFORMS THE COMMISSION THAT HE OR SHE DOES NOT CHOOSE TO PROSECUTE, OR IF THE GRAND JURY DID NOT RETURN AN INDICTMENT; TO PROVIDE THAT IF THE DISTRICT ATTORNEY DOES NOT CHOOSE TO PROSECUTE, OR IF THE GRAND JURY DOES NOT RETURN AN INDICTMENT, THE RECOMMENDATION AND FINDINGS OF THE COMMISSION SHALL, UPON WRITTEN REQUEST, BE PROVIDED TO THE VICTIM, HIS OR HER HEIRS, ESTATE, INSURER, OR OTHER LEGAL REPRESENTATIVE; TO PROVIDE THAT ANY INDIVIDUAL WHO IS CONVICTED OF FELONIOUS AND CRIMINALLY NEGLIGENT HOMICIDE UNDER THIS SECTION SHALL, UPON CONVICTION, FORFEIT HIS OR HER RIGHT TO HUNT, TRAP, OR FISH; TO PROVIDE THAT ANY INDIVIDUAL FOUND TO BE LIABLE FOR THE WRONGFUL DEATH OF ANOTHER AS A RESULT OF ANY CIVIL ACTION PROCEEDING FROM FINDINGS OF THE COMMISSION SHALL FORFEIT HIS OR HER RIGHT TO HUNT, TRAP, AND FISH FOR A PERIOD OF NOT LESS THAN TEN YEARS NOR MORE THAN 20 YEARS; TO PROVIDE THAT ANY INDIVIDUAL FOUND TO BE LIABLE FOR NEGLIGENT HARM TO ANOTHER AS A RESULT OF ANY CIVIL ACTION PROCEEDING SHALL FORFEIT HIS OR HER RIGHT TO HUNT, TRAP, AND FISH FOR A PERIOD OF NOT LESS THAN FIVE YEARS FROM THE DATE OF THE VERDICT; AND FOR RELATED PURPOSES.