View Amendment Current Amendment: 1 to Bill 443 The Committee on Agriculture, Natural Resources and Environmental Affairs proposes the following Amendment No. 1 to S. 443 (COUNCIL\CM\443C001.GT.CM17):

Reference is to Printer's Date 3/7/17 -S.

Amend the bill, as and if amended, by deleting SECTION 1 in its entirety and inserting:

/SECTION            1.      Article 4, Chapter 11, Title 50 of the 1976 Code is amended by adding:

     "Section 50-11-700.      For purposes of this article:
     (1)      'Night' means the period of time between one hour after official sundown of a day and one hour before official sunrise of the following day.
     (2)      'Night hunting' means hunting during the period of time between one hour after official sundown of a day and one hour before official sunrise of the following day.
     (3)      'Registered property' means property annually registered as prescribed by the department for night hunting feral hogs, coyotes, or armadillos pursuant to Section 50-11-715.

     Section 50-11-705.      (A)      Except as otherwise provided in this article, night hunting in this State is unlawful.
     (B)      A person who violates this section by night hunting for any animal, except for deer, bear, turkey, or an animal listed in Section 50-11-710 or 50-11-715, upon conviction, must:
           (1)      for a first offense, be fined not more than five hundred dollars, be imprisoned for not more than thirty days, or both;
           (2)      for a second offense within two years from the date of conviction for the first offense, be fined not more than one thousand dollars, be imprisoned as provided for a first offense, or both; and
           (3)      for a third or subsequent offense within two years of the date of conviction for the last previous offense, be fined not more than one thousand five hundred dollars, be imprisoned as provided for a first offense, or both.
     (C)      A person who violates this section by night hunting for deer, bear, or turkey on property not registered with the department for night hunting feral hogs, coyotes, or armadillos, upon conviction, must:
           (1)      for a first offense, be fined not less than five hundred dollars nor more than two thousand five hundred dollars, be imprisoned for not more than one year, or both;
           (2)      for a second offense within two years from the date of conviction for the first offense, be fined not less than five hundred dollars nor more than two thousand five hundred dollars, be imprisoned as provided for a first offense, or both; and
           (3)      for a third or subsequent offense within two years of the date of conviction for the last previous offense, be fined not less than one thousand dollars nor more than three thousand dollars, be imprisoned as provided for a first offense, or both.
     (D)      A person who violates this section by night hunting for deer, bear, or turkey on property registered with the department for night hunting feral hogs, coyotes, or armadillos, upon conviction, must:
           (1)      for a first offense, be fined not less than five hundred dollars nor more than two thousand five hundred dollars, be imprisoned for not more than one year, or both;
           (2)      for a second offense within two years from the date of conviction for the first offense, be fined not less than one thousand dollars nor more than three thousand five hundred dollars, be imprisoned as provided for a first offense, or both; and
           (3)      for a third or subsequent offense within two years of the date of conviction for the last previous offense, be fined not less than two thousand five hundred dollars nor more than five thousand dollars, be imprisoned as provided for a first offense, or both.
     (E)      The display or use of artificial light at night on property not registered with the department for night hunting feral hogs, coyotes, or armadillos, in a manner capable of disclosing the presence of deer, bear, or turkey, together with the possession of or with immediate access to a centerfire rifle and ammunition larger than a twenty-two caliber rimfire, or a shotgun and ammunition larger than shot size number four, shall constitute prima facie evidence of night hunting for deer, bear, or turkey.
     (F)      Nothing in this article prohibits a person from acting in accordance with the conditions contained in a depredation permit issued by the department pursuant to Section 50-11-2570.

     Section 50-11-715.      (A)      It is unlawful to night hunt for feral hogs, coyotes, or armadillos in violation of the provisions of this section.
     (B)(1)      Feral hogs, coyotes, and armadillos may be hunted at night on registered property on which a person has a lawful right to hunt:
           (a)      with any legal firearm, bow and arrow, or crossbow; and
           (b)      with or without the aid of bait, electronic calls, artificial light, or night vision devices.
           (2)      It is unlawful to:
           (a)      hunt feral hogs, coyotes, or armadillos at night with a firearm within three hundred yards of a residence without the permission of the occupant. The provisions of this section do not apply to a landowner hunting on his own land or a person taking feral hogs, coyotes, or armadillos pursuant to a department depredation permit; or
           (b)      shoot or attempt to shoot a feral hog, coyote, or armadillo, at night, from, on, or across any public paved road.
     (C)      Persons who have been convicted of night hunting for deer, bear, or turkey during the previous five years are not eligible to participate in night hunting for feral hogs, coyotes, or armadillos under the provisions of this section.
     (D)      A person who violates this section, upon conviction, must:
           (1)      for a first offense, be fined not more than five hundred dollars, be imprisoned for not more than thirty days, or both;
           (2)      for a second offense within two years from the date of conviction for the first offense, be fined not more than one thousand dollars nor less than four hundred dollars, be imprisoned as provided for a first offense, or both; and
           (3)      for a third or subsequent offense within two years of the date of conviction for the last previous offense, be fined not more than one thousand five hundred dollars nor less than five hundred dollars, be imprisoned as provided for a first offense, or both.
     (E)      In addition to any other penalty, any person convicted for a second or subsequent offense under this section within three years of the date of conviction for a first offense may have his privilege to hunt in this State suspended for a period of two years. No hunting license may be issued to an individual while his privilege is suspended, and any license mistakenly issued is invalid.
     (F)      In order to assess the night hunting program, the person registering the property must report to the department the number of feral hogs, coyotes, and armadillos taken under the provisions of this section within thirty days following the end of the twelve month registration period, or prior to registering the property again. Properties for which reports have not been submitted will not be registered again until such time that reports are submitted.

     Section 50-11-717.            (A)      The use of artificial lights for the purpose of observing or harassing wildlife is unlawful, except that a property owner, or person with permission from the property owner, may use artificial lights to observe wildlife prior to 11:00 p.m. This section does not prohibit:
           (1)      a property owner from using artificial lights for the purpose of protecting the property;
           (2)      a person or group, with permission of the property owner, from observing wildlife with the      use of artificial lights, while engaged in research or documentary filming;
           (3)      a person from using artificial lights to night hunt pursuant to this article; or
           (4)      a person from using remote trail monitors or cameras on a property.
     (B)      A person who violates this section, upon conviction, must be fined not more than one hundred dollars or be imprisoned for not more than thirty days." /

Renumber sections to conform.
Amend title to conform.