SENATE AMENDED
PRIOR PRINTER'S NOS. 737, 1203, 1615 PRINTER'S NO. 1708
No. 673 Session of 1993
INTRODUCED BY SURRA, FEE, PESCI, COLAIZZO, VAN HORNE, STABACK,
JAROLIN, SCHEETZ, FAJT, NAILOR, STERN, YEWCIC, BROWN, HANNA,
VEON, ARMSTRONG, HARLEY, TRELLO, CAPPABIANCA, DeLUCA,
BATTISTO, HALUSKA, MELIO, D. W. SNYDER, FLICK, YANDRISEVITS,
KING, MILLER, LAUGHLIN, BELARDI AND EGOLF, MARCH 22, 1993
SENATOR LINCOLN, GAME AND FISHERIES, IN SENATE, AS AMENDED,
MAY 5, 1993
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing FOR CONFIRMATION OF COMMISSION <--
3 MEMBERS, for license costs and fees, for the powers of the
4 commission and the director, for increased penalties for
5 shooting at, causing injury to or killing another person and
6 for license revocation; and providing for a felony penalty
7 and for hunting or shooting at, causing injury to or killing
8 another person while under the influence of alcohol or
9 controlled substances.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Sections 301(A), 725, 925(a), (b) and (j), <--
13 929(a), 2501 and 2522 of Title 34 of the Pennsylvania
14 Consolidated Statutes are amended to read:
15 § 301. ORGANIZATION OF COMMISSION. <--
16 (A) COMPOSITION.--THE INDEPENDENT ADMINISTRATIVE COMMISSION
17 KNOWN AS THE PENNSYLVANIA GAME COMMISSION SHALL CONSIST OF EIGHT
18 COMPETENT CITIZENS OF THIS COMMONWEALTH WHO SHALL BE WELL
19 INFORMED ON THE SUBJECT OF WILDLIFE CONSERVATION AND RESTORATION
1 AND WHO SHALL BE APPOINTED BY THE GOVERNOR, BY AND WITH THE
2 ADVICE AND CONSENT OF [TWO-THIRDS] A MAJORITY OF THE ELECTED
3 MEMBERS OF THE SENATE.
4 * * *
5 § 725. Rights-of-way, easements and licenses.
6 (a) General rule.--On and across lands to which title has
7 been acquired for its use, the [director] commission may, at
8 such charge or fee as the commission may establish, grant:
9 (1) Rights-of-way or licenses for roads, for pipe,
10 electric and other utility lines and for telephone, telegraph
11 and television lines or any other rights-of-way or licenses
12 not inconsistent with the purpose of these lands.
13 (2) Water rights or other rights to maintain airway
14 signals or forest fire observation towers when these rights
15 will not adversely affect the game or wildlife resource or
16 the use of the game or wildlife resource.
17 (3) Rights to erect, construct, maintain and operate
18 antennas, towers, stations, cables and other devices and
19 apparatus helpful, necessary or required for radio
20 broadcasting, telecasting, transmission, relaying or
21 reception of television.
22 (4) Rights to the Department of Transportation to
23 establish roadside rests and highway maintenance facilities
24 under regulations of the commission.
25 (5) Rights to any Federal or State agency or political
26 subdivision to construct, maintain and operate water
27 impoundments or flowage for flood control or recreational
28 use.
29 (b) Charges.--The commission may charge for these grants
30 remuneration and damages as it deems the conditions and
19930H0673B1708 - 2 -
1 circumstances warrant.
2 (c) Approval.--The [director] commission may approve the
3 granting, lease or exchange of any easement, right-of-way or
4 license for use of commission property.
5 § 925. Jurisdiction and penalties.
6 (a) Jurisdiction.--Notwithstanding the provisions of Title
7 42 (relating to judiciary and judicial procedure), all district
8 justices shall have jurisdiction for all violations of this
9 title which are classified as summary offenses [or misdemeanors]
10 and may accept guilty pleas and impose sentences for violations
11 of this title classified as misdemeanors.
12 (b) Fines and penalties for violations.--In addition to any
13 other requirements of this title, the following fines and
14 penalties shall be imposed for violations of this title:
15 (1) Felony of the third degree, not less than $2,500 nor
16 more than $15,000 and may be sentenced to imprisonment up to
17 seven years.
18 (1.1) Misdemeanor of the first degree, not less than
19 $2,000 nor more than $10,000 and may be sentenced to
20 imprisonment up to six months.
21 (2) Misdemeanor of the second degree, not less than
22 $1,000 nor more than $5,000 and may be sentenced to
23 imprisonment up to six months.
24 (3) Misdemeanor of the third degree, not less than $500
25 nor more than $2,500 and may be sentenced to imprisonment up
26 to six months.
27 (4) Summary offense of the first degree, $800.
28 (5) Summary offense of the second degree, $500.
29 (6) Summary offense of the third degree, $300.
30 (7) Summary offense of the fourth degree, $200.
19930H0673B1708 - 3 -
1 (8) Summary offense of the fifth degree, $100.
2 (9) Summary offense of the sixth degree, $75.
3 (10) Summary offense of the seventh degree, $50.
4 (11) Summary offense of the eighth degree, $25.
5 In addition to the imposition of any fines, costs of prosecution
6 shall also be assessed pursuant to 42 Pa.C.S. §§ 1725.1
7 (relating to costs) and 3571 (relating to Commonwealth portion
8 of fines, etc.).
9 * * *
10 (j) Title 18 inapplicable.--Title 18 (relating to crimes and
11 offenses) is inapplicable to this title insofar as it relates
12 to:
13 (1) intent, willfulness of conduct or fines and
14 imprisonment for convictions of summary offenses and
15 misdemeanors; or
16 (2) criminal records under 18 Pa.C.S. Ch. 91 (relating
17 to criminal history record information) for misdemeanors
18 under section 2522(b)(1).
19 § 929. Revocation or denial of license, permit or registration.
20 (a) General rule.--Except as otherwise provided in this
21 title, any hunting or furtaking license, special license or
22 permit or registration granted under the authority of this title
23 may be revoked by the commission when the holder of the license,
24 permit or registration is convicted of an offense under this
25 title or has acted contrary to the intent of the license,
26 special license, registration or permit, with each offense
27 constituting a separate violation subject to separate
28 revocation. The commission may refuse to grant to that person
29 any new license, special license or permit or registration and
30 may deny any privilege granted by these documents for a period
19930H0673B1708 - 4 -
1 not exceeding five years unless otherwise provided in this
2 title. A person whose license, permit or registration is revoked
3 or suspended under a provision of this title requiring mandatory
4 revocation or suspension must, in order to obtain restoration,
5 present evidence of the successful completion of a hunter
6 education course under section 2704(b) (relating to eligibility
7 for license) taken subsequent to the period of revocation.
8 * * *
9 § 2501. Hunting or furtaking prohibited while under influence
10 of alcohol or controlled substance.
11 (a) General rule.--It is unlawful to hunt or take game,
12 furbearers or wildlife or aid, abet, assist or conspire to hunt
13 or take game, furbearers or wildlife anywhere in this
14 Commonwealth while in possession of a firearm of any kind or a
15 bow and arrow while [under the influence of alcohol or a
16 controlled substance, or both.]:
17 (1) under the influence of alcohol to a degree which
18 renders the person incapable of safe hunting or furtaking;
19 (2) under the influence of any controlled substance, as
20 defined by the laws of this Commonwealth and rules and
21 regulations promulgated thereunder, to a degree which renders
22 the person incapable of safe hunting or furtaking;
23 (3) under the combined influence of alcohol and a
24 controlled substance; or
25 (4) the amount of alcohol by weight in the blood of the
26 person is 0.10% or greater.
27 (a.1) Legal use no defense.--The fact that any person
28 charged with violating this section is or has been legally
29 entitled to use alcohol or controlled substances is not a
30 defense to a charge of violating this section.
19930H0673B1708 - 5 -
1 (b) Penalty.--A violation of the provisions of this section
2 shall be a [summary offense] misdemeanor of the third degree. In
3 addition to any penalty, the violator shall be denied the right
4 to hunt or trap in this Commonwealth, with or without a license,
5 for a period of one year.
6 (c) Definition.--As used in this section the term
7 "controlled substance" shall have the meaning ascribed to it by
8 the act of April 14, 1972 (P.L.233, No.64), known as The
9 Controlled Substance, Drug, Device and Cosmetic Act.
10 § 2522. Shooting at or causing injury to human beings.
11 (a) General rule.--It is unlawful for any person while
12 hunting or furtaking, through carelessness or negligence, to
13 shoot at, injure or kill any human being through the use of a
14 firearm, bow and arrow or other deadly weapon.
15 (b) Penalty.--The penalty to be imposed for any violation of
16 this section shall be determined pursuant to the following
17 classifications:
18 (1) To shoot at but not hit or injure, or hit and not
19 substantially injure a human being is a [summary offense of
20 the first degree] misdemeanor of the third degree.
21 (2) To substantially injure a human being is a
22 misdemeanor of the [third] second degree.
23 (3) To kill a human being is a misdemeanor of the
24 [second] first degree.
25 (c) Denial of privileges.--In addition to the penalty
26 imposed pursuant to subsection (b), any person who shoots at,
27 injures or kills a human being shall be denied the privilege to
28 hunt or take game or wildlife anywhere in this Commonwealth,
29 with or without license, for the following periods:
30 (1) To shoot at but not hit or injure, or hit and not
19930H0673B1708 - 6 -
1 substantially injure a human being, the denial shall be for a
2 period of two years.
3 (2) To substantially injure a human being, the denial
4 shall be for a period of not less than [two] five years nor
5 more than [five] ten years.
6 (3) To kill a human being, the denial shall be for a
7 period of [ten] fifteen years.
8 (d) Nonpayment of fine.--[A] In addition to any sentence
9 imposed pursuant to subsection (b), any person who fails to pay
10 the fine imposed by this section within 180 days shall undergo
11 imprisonment not in excess of one year or until the fine is paid
12 in full.
13 (e) Imprisonment for violation of sentence.--It is unlawful
14 for a person to hunt or take game or wildlife or attempt to hunt
15 or take game or wildlife, with or without license, contrary to a
16 sentence imposed under subsection (b). Upon conviction, the
17 person shall be sentenced to undergo imprisonment for a period
18 of not less than three months nor more than six months.
19 (f) Mandatory hunter education.--Any person whose privilege
20 to hunt or take game is suspended under subsection (c) shall,
21 prior to obtaining a license after the period of suspension,
22 present evidence for the successful completion of a hunter
23 education course as prescribed in section 2704(b) (relating to
24 eligibility for license) taken subsequent to each suspension of
25 the license.
26 [(f)] (g) Civil remedies preserved.--Nothing in this section
27 shall bar the recovery of any damages in any civil action by any
28 aggrieved party.
29 Section 2. Title 34 is amended by adding a section to read:
30 § 2522.1. Shooting at or causing injury to human beings while
19930H0673B1708 - 7 -
1 under influence of alcohol or controlled
2 substance.
3 (a) General rule.--It is unlawful for any person while
4 hunting or furtaking, while under influence of alcohol or
5 controlled substance, to shoot at, injure or kill any human
6 being through the use of a firearm, bow and arrow or other
7 deadly weapon.
8 (b) Penalty.--The penalty to be imposed for any violation of
9 this section shall be determined pursuant to the following
10 classifications:
11 (1) To shoot at but not hit or injure, or hit and not
12 substantially injure a human being is a misdemeanor of the
13 second degree.
14 (2) To substantially injure a human being is a
15 misdemeanor of the first degree.
16 (3) To kill a human being is a felony of the third
17 degree.
18 (c) Denial of privileges.--In addition to the penalty
19 imposed pursuant to subsection (b), any person who shoots at,
20 injures or kills a human being while under the influence of
21 alcohol or controlled substance shall be denied the privilege to
22 hunt or take game or wildlife anywhere in this Commonwealth,
23 with or without license, for the following periods:
24 (1) To shoot at but not hit or injure, or hit and not
25 substantially injure a human being, the denial shall be for a
26 period of three years.
27 (2) To substantially injure a human being, the denial
28 shall be for a period of not less than seven years nor more
29 than twelve years.
30 (3) To kill a human being, the denial shall be for a
19930H0673B1708 - 8 -
1 period of seventeen years.
2 (d) Nonpayment of fine.--In addition to any sentence imposed
3 pursuant to subsection (b), any person who fails to pay the fine
4 imposed by this section within 180 days shall undergo
5 imprisonment not in excess of one year or until the fine is paid
6 in full.
7 (e) Imprisonment for violation of sentence.--It is unlawful
8 for a person to hunt or take game or wildlife or attempt to hunt
9 or take game or wildlife, with or without license, contrary to a
10 sentence imposed under subsection (b). Upon conviction, the
11 person shall be sentenced to undergo imprisonment for a period
12 of not less than three months nor more than six months.
13 (f) Mandatory hunter education.--Any person whose privilege
14 to hunt or take game is suspended under subsection (c) shall,
15 prior to obtaining a license after the period of suspension,
16 present evidence for the successful completion of a hunter
17 education course as prescribed in section 2704(b) (relating to
18 eligibility for license) taken subsequent to each suspension of
19 the license.
20 (g) Civil remedies preserved.--Nothing in this section shall
21 bar the recovery of any damages in any civil action by any
22 aggrieved party.
23 Section 3. Sections 2705 and 2709(a)(1) and (12) of Title 34
24 are amended to read:
25 § 2705. Classes of licenses.
26 Unless otherwise provided, any person wishing to exercise any
27 of the privileges granted by this title shall first secure the
28 applicable resident or nonresident hunting or furtaker license
29 as follows:
30 (1) Adult resident hunting licenses to residents who
19930H0673B1708 - 9 -
1 have reached their 17th birthday but have not reached their
2 65th birthday.
3 (2) Junior resident hunting and furtaker licenses to
4 residents who have reached their 12th birthday but who have
5 not reached their 17th birthday prior to the date of the
6 application for the license and who present a written
7 request, bearing the signature of a parent or guardian, for
8 the issuance of a license.
9 (3) Senior resident hunting licenses or, at the option
10 of the applicant, a senior lifetime resident hunting license
11 to residents who have reached or will reach their 65th
12 birthday in the year of the application for the license. The
13 commission shall develop, implement and administer a system
14 to provide tags, report cards and applications to those
15 residents who hold a senior lifetime resident hunting license
16 issued under this paragraph. The system shall require the
17 applicant or license holder to pay any approved fee assessed
18 by the issuing agent.
19 (4) Adult resident furtaker licenses to residents who
20 have reached their 17th birthday but have not reached their
21 65th birthday.
22 [(5) Junior resident furtaker licenses to residents who
23 have reached their 12th birthday but who have not reached
24 their 17th birthday prior to the date of the application for
25 the license and who present a written request, containing the
26 signature of a parent or guardian, for the issuance of a
27 license.]
28 (6) Senior resident furtaker licenses or, at the option
29 of the applicant, a senior lifetime resident furtaker license
30 to residents who have reached or will reach their 65th
19930H0673B1708 - 10 -
1 birthday in the year of the application for the license.
2 (7) (Reserved).
3 (8) Adult nonresident hunting licenses to all
4 nonresidents of 17 years of age or older.
5 (9) Junior nonresident hunting licenses to all
6 nonresidents who have reached their 12th birthday but who
7 have not reached their 17th birthday prior to the date of the
8 application for the license and who present a written
9 request, bearing the signature of a parent or guardian, for
10 the issuance of a license.
11 (10) Adult nonresident furtaker licenses to nonresidents
12 of 17 years of age or older.
13 (11) Junior nonresident furtaker licenses to
14 nonresidents who have reached their 12th birthday but who
15 have not reached their 17th birthday prior to the date of the
16 application for the license and who present a written
17 request, containing the signature of a parent or guardian,
18 for the issuance of a license.
19 (12) Seven-day nonresident small game license to
20 persons eligible to procure a nonresident hunting license.
21 The license shall be valid for a period of seven consecutive
22 days. The holder of the license shall be entitled to hunt
23 for, take or kill crows and small game.
24 (13) Antlerless deer licenses, bear licenses, archery
25 licenses, muzzleloader licenses and any other license
26 required to insure just and proper administration of this
27 title and sound game or wildlife conservation to eligible
28 persons, subject to the regulations, requirements and
29 conditions which the commission shall establish. Any such
30 license shall be made available to residents serving on
19930H0673B1708 - 11 -
1 active duty in the armed forces of the United States or in
2 the United States Coast Guard without regard to quota
3 limitations or application deadlines.
4 § 2709. License costs and fees.
5 (a) License costs.--Any person who qualifies under the
6 provisions of this chapter shall be issued the applicable
7 license upon payment of the following costs and the issuing
8 agent's fee:
9 (1) Junior resident hunting and furtaker - $5.
10 * * *
11 [(12) Junior resident furtakers - $5.]
12 * * *
13 Section 4. This act shall take effect as follows:
14 (1) THE AMENDMENT OF 34 PA.C.S. § 301(A) SHALL TAKE <--
15 EFFECT IMMEDIATELY.
16 (1) (2) The amendment of 34 Pa.C.S. §§ 2705 and <--
17 2709(a)(1) and (12) shall take effect July 1, 1994.
18 (2) (3) The remainder of this act shall take effect in <--
19 60 days.
B9L34RZ/19930H0673B1708 - 12 -