CHAPTER 520
An Act to amend the Code of Virginia by adding sections numbered
29-144.2, 29-144.8 and 29-144.4, prohibiting the killing of deer or elk
by use of certain lights, providing that certain acts shall raise a pre-
sumption of attempt to so kill, prescribing forfeiture of certain
vehicles and weapons used for such killing or attempt, and pro-
hibiting the employment of lights under certain circumstances upon
places used by deer or elk, and to repeal §§ 29-144.1 and 29-145 of the
Code, relating to the same subjects.

fH 505]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding sections numbered
29-144.2, 29-144.3 and 29-144.4, as follows:

§ 29-144.2. Any person who kills or attempts to kill any deer or
elk between a half hour after sunset on any day and a half hour before
sunrise the following day by use of a light attached to any vehicle or a
spotlight or flashlight shall be guilty of a misdemeanor and shall be pun-
ished by a fine of not less than fifty dollars nor more than two hundred
and fifty dollars or by confinement in jail for not less than thirty days nor
more than sixty days, either or both. The flashing of a light attached to
any vehicle or a spotlight or flashlight from any vehicle between a half
hour after sunset on any day and a half hour before sunrise the following
day by any person or persons, then in possession of a rifle, shotgun, cross-
bow, or bow and arrow or speargun, without good cause, shall raise a pre-
sumption of an attempt to kill deer or elk in violation of this section.
Every person in or on any such vehicle shall be deemed a principal in the
second degree and subject to the same punishment as a principal in the
first degree.

§ 29-144.8. Every vehicle, rifle, shotgun, crossbow, bow and arrow,
or speargun used with the knowledge or consent of the owner or lienholder
thereof, in killing or attempting to kill deer or elk between a half hour
after sunset on any day and a half hour before sunrise the following day,
in violation of § 29-144.2, and every vehicle used in the transportation of
the carcass, or any part thereof, of a deer or elk so killed shall be for-
feited to the Commonwealth, and upon being condemned as forfeited in
proceedings under Chapter 15 of Title 19.1 the proceeds of sale shall be
disposed of according to law.

29-144.4. Any person in any vehicle and then in possession of any
rifle, shotgun, crossbow, bow and arrow or speargun who, between a half
hour after sunset on any day and a half hour before sunrise the following
day, employs a light attached to such vehicle or a spotlight or flashlight
to cast a light beyond the water or surface of the roadway upon any place
used by deer or elk shall be guilty of a misdemeanor. Every person in or on
any such vehicle shall be deemed prima facie a principal in the second
degree and subject to the same punishment as a principal in the first
degree. Any person who violates this section shall be punished by a fine of
not less than fifty dollars nor more than one hundred fifty dollars or by
confinement 1 m jail for not more than thirty days or by both such fine and
imprisonmen
2. That §§ 9-144. 1 and 29-145 of the Code of Virginia are repealed.

8. That the repeal of §§ 29-144.1 and 29-145 shall be subject to the
provisions of § 1-4 of the Code of Virginia.