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.