HB 24

FINE IN LIEU OF COURT APPEARANCE Present law authorizes a person cited for a misdemeanor violation of a wildlife resources or boating safety provision to pay a fine instead of appearing in court. However, this option is not available for a person arrested for a misdemeanor punishable by a fine of more than $50 or imprisonment for more than 30 days. This bill changes the exclusion from $50 to $500. However, violators of boating safety provisions are still capped at $50. TAKING WILDLI FE WITHOUT A LICENSE Present law prohibits a person from generally hunting, trapping, or taking any form of wildlife without a license acquired in accordance with state provisions. A violation may result in revocation of fishing, hunting, or trapping pr ivileges, and is a Class C misdemeanor punishable by a fine between $10 and $25. A person who violates a revocation order of the court may be fined at least $25 and may be confined in the county jail or workhouse from 10 days to 11 months and 29 days, it being mandatory upon the court to impose the prison sentence, and the minimum time may not be subject to suspension. This bill changes the fine for the Class C misdemeanor under this provision from a fine between $10 and $25 to a fine not to exceed $500. A person who violates a revocation order of the court is subject to a fine up to $500 and must be confined in the county jail or workhouse for not less than 10 days but not more than 11 months and 29 days. The minimum sentence of 10 days must not be su s pended. FINES FOR WILDLIFE OFFENSES This bill changes the fines of all the following wildlife law offenses:  Violations relative to commercial fishing and musseling : From a fine between $50 and $1,000 to a fine not to exceed $500.  Violations relative to permits for a scientific purpose : From a fine between $25 and $100 to a fine not to exceed $500.  Violations relative to licenses for the purpose of training hunting dogs : From a fine between $25 and $50 to a fine not to exceed $500.  Violations relative to taxidermist permits : From a fine between $10 and $25 to a fine not to exceed $500.  Violations relative to fish dealers' licenses : From a fine between $25 and $50 to a fine not to exceed $500.  Violations relative to diverting water from Reelfoot Lake : From a fine between $25 and $50 to a fine not to exceed $500.  Violations relative to refusing a game inspection : From a fine between $25 and $50 to a fine not to exceed $500. Present law provides that each wild animal, bird, fowl, or fish caught, taken, killed, captured, destroyed, shipped, offered or received for shipment, transported, bought, sold or bartered, or had in possession, and each trap, snare, net or other device used or attempted to be used is a separate offense, punishable by a fine between $25 and $50 for each offense. This bill changes the fine to up to $500 for each offense. TAKING WILDLIFE AND BIG GAME WHILE TRESPASSING Present law prohibits a person from generally hunting or killing any wild animal, bird, fowl or fish, upon t he land of another without first obtaining the permission of the landowners. A violation is a Class C misdemeanor, punishable by imprisonment of not more than 30 days or a fine up to $50, or both. Upon conviction, the court may revoke the license of the person so convicted. This bill provides that if the wild animal, bird, fowl, or fish is not removed from the land of another, then the violation is a Class C misdemeanor. However, if it is removed from the land of another, then the violation is a Class B misdemeanor, punishable by up to six months imprisonment or a fine up to $500, or both. JURISDICTION AND APPEALS This bill provides that when a person is arrested for a violation of the wildlife laws, it is the duty of the arresting officer to take t he person arrested before a court of general sessions for trial, in the county where the offense was committed. If, before the court of general sessions, the accused is found guilty of an offense, then the person has the right to appeal to the circuit or criminal court having jurisdiction of such appeals, upon giving bond with good security, regardless of the amount of the fine. GRAND JURIES Present law authorizes grand juries to have and possess inquisitorial powers to inquire with respect to the differ ent wildlife that are punishable by a fine of more than $50, or by imprisonment. This bill raises the fine to more than $500. ON APRIL 14, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 14, AS AMENDED. AMENDMENT #1 clarifies that the exemption in present law for paying a fine in lieu of a court appearance does not apply to a person arrested for a violation of a boating regulation that is punishable by a fine of no more than $50, instead of a fine not to exceed such amount. ON APRIL 22, 2025, THE HOUSE SUBSTITUTED SENATE BILL 14 FOR HOUSE BILL 24, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 14, AS AMENDED. AMENDMENT #2 rewrites this bill to increase the criminal classification for hunting on the land of another without permission from a Class C misdemeanor to a Class B misdemeanor, punishable by a fine only, not to exceed $500 per violation. This amendment retains present law authorization for a court to revoke the sportsman's license of a person convicted of hunting on the land of an o ther without permission.