SB 886

            
2020 SESSION


20107111D

SENATE BILL NO. 886

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee on the Judiciary

on January 29, 2020)

(Patron Prior to Substitute--Senator Marsden)

A BILL to amend and reenact �� 18.2-136 and 18.2-286 of the
Code of Virginia and to amend the Code of Virginia by adding a section numbered
29.1-516.2, relating to hunting with dogs; retrieval and trespass; discharge of
firearm on road; penalty.

Be it enacted by the General Assembly of Virginia:

1. That �� 18.2-136 and 18.2-286 of the Code of Virginia are
amended and reenacted and that the Code of Virginia is amended by adding a
section numbered 29.1-516.2 as follows:

� 18.2-136. Right of certain hunters to go on lands of
another; carrying firearms or bows and arrows prohibited.

Fox hunters and coon hunters, A. A fox or raccoon
hunter, when the chase begins on other lands, may follow their dogs
his dog on prohibited lands, and hunters.

B. A hunter of all other any game
other than fox or raccoon, when the chase begins on other lands, may go
upon prohibited lands to retrieve their dogs, falcons, hawks his dog,
falcon, hawk, or owls owl but may shall not
carry firearms any firearm or bows bow and arrows
on their persons his person or hunt any game while thereon.
The use of vehicles to retrieve dogs, falcons, hawks, or owls on prohibited
lands shall be allowed only with the permission of the landowner or his agent.
Any person who goes on prohibited lands to retrieve his dog pursuant to this
subsection shall, by making a telephone call or sending an email or text
message, obtain the permission of the owner or occupant of the property before
entering such prohibited lands. Any person who goes on prohibited lands to
retrieve his dogs, falcons, hawks dog, falcon, hawk, or owls
owl pursuant to this section subsection and who
willfully refuses to identify himself when requested by the landowner or his
agent to do so is guilty of a Class 4 misdemeanor.

C. No person shall use a vehicle to retrieve a dog, falcon,
hawk, or owl on prohibited lands unless such use is with the permission of the
landowner or his agent.

� 18.2-286. Shooting in or across road or in street.

If any Any person who discharges a
firearm, crossbow, slingbow, arrowgun, or bow and arrow in or across any road,
or within the right-of-way thereof, to either side thereof within 50
feet of the centerline of such road, or in a street of any city or town,
he shall, for each offense, be is guilty of a Class 4 misdemeanor
for each offense.

The provisions of this section shall not apply to any
firing ranges range or shooting matches match
maintained, and supervised or approved, by law-enforcement officers and
or military personnel in performance of their lawful duties.

� 29.1-516.2. Hunting dogs; release location; trespass;
penalty.

A. For purposes of this section, a dog shall be deemed to
be running at large while it is roaming, running, or self-hunting off the
property of its owner or custodian and not under the immediate control of its
owner or custodian. Electronic tracking of a dog does not constitute immediate
control.

B. No hunting dog shall be released on a public road or on
either side of such road within 50 feet of the centerline of the road.

C. No owner or custodian of a dog shall, without
permission, allow such dog to run at large onto the property of another for the
purpose of hunting or chasing game after receiving appropriate notice by the
landowner, his agent, or the lessee that hunting or chasing game with dogs
without permission is forbidden on such property. Such appropriate notice
prohibiting dogs shall be given in writing or by placing metal signs of a size,
wording, format, and placement approved by the Department, where the signs may
reasonably be seen.

For purposes of this subsection, there shall be no more
than one actionable occurrence per owner or custodian within any single 24-hour
period, and no dog shall be restrained or otherwise detained by the landowner,
lessee, or agent, except for the purpose of prompt identification.

D. Any person violating any provision of this section
shall, in addition to any other available remedy, be subject to a civil penalty
not to exceed $100 for the first occurrence and $250 per occurrence for a
second or subsequent occurrence on the same property.

E. Any penalty provided pursuant to this section shall be
imposed by a court of competent jurisdiction upon a finding by such court that
the owner or custodian was in violation of this subsection and following a
summons issued for a violation of this subsection by any animal control officer,
conservation police officer, or other law-enforcement officer, or by the court
pursuant to a civil action initiated by the affected landowner or lessee. Any
civil penalty assessed pursuant to this section shall be paid into the treasury
of the county or city where such civil action is brought and used for the
purpose of defraying the costs of local animal control.