PRINTER'S NO. 3801
No. 2754 Session of 1998
INTRODUCED BY B. SMITH, STABACK, MAJOR AND SHANER,
AUGUST 18, 1998
REFERRED TO COMMITTEE ON GAME AND FISHERIES, AUGUST 18, 1998
AN ACT
1 Amending Title 30 (Fish) of the Pennsylvania Consolidated
2 Statutes, further providing for enforcement of the Fish and
3 Boat Code.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 925 and 930 of Title 30 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 925. Acknowledgment of guilt and receipts for payment.
9 (a) General rule.--[A] Subject to subsection (d), a person
10 charged with violating any provision of this title which is a
11 summary offense may sign, within [five] ten days of the
12 commission of the offense, an acknowledgment of the offense
13 committed and pay to any [waterways patrolman] authorized
14 officer of the commission the penalty in full as fixed by this
15 title. The printed receipt for this payment shall only prove
16 full satisfaction of the monetary fine for the offense committed
17 and in no way shall limit the commission from further revoking
18 fishing or boating privileges.
1 (b) Notice of right to hearing.--Before any person signs an
2 acknowledgment pursuant to this section, he will be advised of
3 his right to a hearing in a judicial proceeding. The printed
4 receipt shall have prominently printed thereon a statement that
5 the person charged has a right to a hearing and that if he
6 elects to sign the acknowledgment he is forfeiting that right.
7 (c) Stopping payment of check.--Any person who makes payment
8 to the commission by personal check for an acknowledgment
9 pursuant to this section and who stops payment on the check
10 commits a summary offense of the second degree. The official
11 receipt for payment of the penalty, issued by a waterways
12 patrolman, shall become void and the prosecution of the person
13 or persons named on the receipt shall be allowed to continue.
14 (d) Limitations on acknowledgments of guilt.--On and after
15 December 31, 2000, acknowledgments of guilt pursuant to this
16 section shall be used only in such counties as the commission
17 may designate by regulation for such use. The commission shall
18 only designate such counties for continued use of field
19 acknowledgment as it finds to have summary offense procedures
20 that differ from Statewide summary offense procedures.
21 § 930. [Arrest] Disposition of nonresident offenders.
22 Subject to any inconsistent regulations prescribed pursuant
23 to 42 Pa.C.S. § 3502 (relating to financial regulations):
24 (1) General rule.--[Upon] Except as otherwise provided
25 in paragraph (2), upon the [arrest,] apprehension [or
26 citation] of a nonresident of this Commonwealth for any
27 violation of this title that is a summary offense, the
28 waterways [patrolman] conservation officer or deputy
29 waterways [patrolman] conservation officer shall[, unless the
30 defendant elects to acknowledge guilt in accordance with
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1 section 925 (relating to acknowledgment of guilt and receipts
2 for payment), escort the defendant to the appropriate issuing
3 authority for a hearing, posting of bond or payment of the
4 applicable fine and costs, unless the defendant chooses to
5 place the amount of the applicable fine and costs in a
6 stamped envelope addressed to the appropriate issuing
7 authority and mails the envelope in the presence of the
8 waterways patrolman or deputy waterways patrolman] issue a
9 citation as provided by the Pennsylvania Rules of Criminal
10 Procedure unless the nonresident offender elects to proceed
11 under section 925 (related to acknowledgment of guilt and
12 receipts for payment).
13 [(2) Procedure upon payment by mail.--If the defendant
14 mails the amount of fine and costs prescribed in paragraph
15 (1), he shall indicate on an accompanying form whether the
16 payment constitutes a bond for a hearing based on a plea of
17 not guilty or a fine based upon a plea of guilty in lieu of
18 acknowledging guilt under section 925. If the plea is not
19 guilty, the waterways patrolman or deputy waterways patrolman
20 shall notify the issuing authority by telephone and the
21 issuing authority shall schedule a hearing for the following
22 day (excluding Saturdays, Sundays or legal holidays), unless
23 the defendant requests a continuance, in which case a hearing
24 shall be scheduled to accommodate the defendant, the
25 waterways patrolman or deputy waterways patrolman and the
26 issuing authority.]
27 (2) Arrest of nonresident.--A waterways conservation
28 officer or deputy waterways conservation officer shall be
29 authorized to arrest a nonresident for a summary offense
30 violation of this title and escort him to the appropriate
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1 issuing authority for a hearing, posting of bond or payment
2 of the applicable fine and costs only when one or more of the
3 following circumstances exist:
4 (i) The nonresident offender does not elect to
5 proceed under section 925 (relating to acknowledgment of
6 guilt and receipts for payment) and refuses to accept a
7 citation from the waterways conservation officer.
8 (ii) The nonresident offender fails to provide
9 positive identification showing his mailing address.
10 (iii) The officer has reasonable grounds to believe
11 the nonresident offender is a repeat offender under this
12 title.
13 (iv) The officer has reasonable grounds to believe
14 the nonresident offender is fishing while his fishing
15 privileges are suspended or boating while his boating
16 privileges are suspended.
17 (v) The officer has reasonable grounds to believe
18 the nonresident offender has failed to respond to a
19 citation issued under this title or to pay assessed fines
20 or penalties for a prior offense under this title.
21 (vi) The officer has reasonable grounds to believe
22 the nonresident offender may pose a threat of harm to
23 persons or property or to himself or herself.
24 (vii) The officer has reasonable grounds to believe
25 the nonresident offender will not appear as required if
26 issued a citation.
27 The officer shall not exercise his authority to arrest a
28 nonresident under this paragraph if the nonresident offender
29 chooses to place the amount of the applicable fine and costs
30 in a stamped envelope addressed to the appropriate issuing
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1 authority and mails the envelope in the presence of the
2 officer.
3 (3) Form of payment.--The amount of fine and costs to be
4 mailed to the issuing authority under paragraph (2) may be
5 paid in cash, personal or other check, credit card or
6 guaranteed arrest bond.
7 (4) Receipt for payment.--The waterways [patrolman]
8 conservation officer or deputy waterways [patrolman]
9 conservation officer shall give the [defendant] nonresident
10 offender a receipt for payment, a copy of which shall be
11 mailed with the payment and a copy retained by the officer.
12 Section 2. This act shall take effect in 60 days.
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