PRINTER'S NO.  89

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

97

Session of

2009

  

  

INTRODUCED BY STABACK, BAKER, BELFANTI, BEYER, CALTAGIRONE, CARROLL, CREIGHTON, FAIRCHILD, GILLESPIE, GOODMAN, HALUSKA, KAUFFMAN, KOTIK, LEVDANSKY, LONGIETTI, McCALL, PEIFER, SIPTROTH, SOLOBAY, SWANGER, VULAKOVICH, WANSACZ, KORTZ AND CASORIO, JANUARY 28, 2009

  

  

REFERRED TO COMMITTEE ON GAME AND FISHERIES, JANUARY 28, 2009  

  

  

  

AN ACT

  

1

Amending Title 34 (Game) of the Pennsylvania Consolidated

2

Statutes, in preliminary provisions, further providing for

3

definitions; in enforcement, further providing for the

4

offense of assaulting an officer, for jurisdiction and

5

penalties, for revocation, suspension or denial of license,

6

permit or registration and for determination of second or

7

subsequent convictions; in game or wildlife protection,

8

further providing for endangered or threatened species; in

9

hunting and furtaking, further providing for killing game or

10

wildlife by mistake, for unlawful taking or possession of

11

game or wildlife, for unlawful use of lights while hunting,

12

for buying and selling game, for trespass on private property

13

while hunting, for unlawful killing or taking of big game and

14

for additional penalty for poaching; and, in hunting and

15

furtaking licenses, further providing for unlawful acts

16

concerning licenses. 

17

The General Assembly of the Commonwealth of Pennsylvania

18

hereby enacts as follows:

19

Section 1.  The definitions of "closed season," "open

20

season," "poaching" and "violation" in section 102 of Title 34

21

of the Pennsylvania Consolidated Statutes are amended to read:

22

§ 102.  Definitions.

23

Subject to additional definitions contained in subsequent

 


1

provisions of this title which are applicable to specific

2

provisions of this title, the following words and phrases when

3

used in this title shall have the meanings given to them in this

4

section unless the context clearly indicates otherwise:

5

* * *

6

"Closed season."  The periods of the calendar year and the

7

[shooting] hours during which it is unlawful to take game or

8

wildlife.

9

* * *

10

"Open season."  The indicated periods of the calendar year

11

and the daily [shooting] hours during which game or wildlife may

12

be legally hunted, taken or killed and includes both the first

13

and the last day of the season or period of time designated by

14

this title or by regulation of the commission.

15

* * *

16

"Poaching."  To unlawfully take, injure, kill or possess or

17

aid, abet, assist, attempt or conspire to hunt, take, injure,

18

kill or possess game or wildlife during closed season, beyond

19

established daily or season limits or by means of or as a result

20

of multiple violations of the provisions of this title or the

21

regulations promulgated thereunder.

22

* * *

23

"Violation."  [A] Any act or act of omission in violation of

24

a provision of this title [and a violation of a] or any 

25

regulation promulgated by the commission which implements or

26

otherwise pertains to any provision of this title.

27

* * *

28

Section 2.  Sections 905, 925, 929(a) and (b), 932, 2167,

29

2306, 2307(e), 2310(a)(2) and (c), 2312(a) and (d), 2314 and

30

2321 of Title 34 are amended to read:

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1

§ 905.  Assaulting an officer.

2

[A] Any person who intentionally, knowingly or recklessly 

3

attempts to cause or causes bodily injury to an officer making

4

an arrest or investigation for a violation of this title or

5

performing any duties required by this title commits a

6

[misdemeanor] felony of the second degree.

7

§ 925.  Jurisdiction and penalties.

8

(a)  Jurisdiction.--Notwithstanding the provisions of Title

9

42 (relating to judiciary and judicial procedure), all

10

magisterial district judges shall have jurisdiction for all

11

violations of this title which are classified as summary

12

offenses and may accept guilty pleas and impose sentences for

13

violations of this title classified as misdemeanors.

14

(b)  Fines and penalties for violations.--In addition to any

15

other requirements of this title, the following fines and

16

penalties shall be imposed for violations of this title:

17

(1)  Felony of the second degree, not less than $10,000

18

nor more than $25,000 and may be sentenced to imprisonment up

19

to 60 months.

20

(2)  Felony of the third degree, not less than $10,000

21

nor more than $15,000 and may be sentenced to imprisonment up

22

to 36 months.

23

[(1)] (3)  Misdemeanor of the first degree, not less than

24

[$2,000] $5,000 nor more than $10,000 and may be sentenced to

25

imprisonment up to [six] 24 months.

26

[(2)] (4)  Misdemeanor of the second degree, not less

27

than [$1,000] $3,000 nor more than $5,000 and may be

28

sentenced to imprisonment up to [six] 12 months.

29

[(3)] (5)  Misdemeanor of the third degree, not less than

30

[$500] $1,500 nor more than [$2,500] $3,000 and may be

- 3 -

 


1

sentenced to imprisonment up to six months.

2

[(4)] (6)  Summary offense of the first degree, not less

3

than [$500] $800 nor more than $1,500 and may be sentenced to

4

imprisonment up to three months.

5

[(5)] (7)  Summary offense of the second degree, not less

6

than [$300] $500 nor more than $800 and may be sentenced to

7

imprisonment up to one month.

8

[(6)] (8)  Summary offense of the third degree, not less

9

than [$200] $300 nor more than $500.

10

[(7)] (9)  Summary offense of the fourth degree, not less

11

than [$100] $200 nor more than $300.

12

[(8)] (10)  Summary offense of the fifth degree, not less

13

than [$75] $100 nor more than $200.

14

[(9)] (11)  Summary offense of the sixth degree, [not

15

less than $50 nor more than $100] $75.

16

[(10)] (12)  Summary offense of the seventh degree, [not

17

less than $25 nor more than $75] $50.

18

[(11)] (13)  Summary offense of the eighth degree, $25.

19

(b.1)  Costs of prosecution for violations.--In addition to

20

the imposition of any fines and penalties, costs of prosecution

21

shall [also] be assessed pursuant to 42 Pa.C.S. §§ 1725.1 

22

(relating to costs) and 3571 (relating to Commonwealth portion

23

of fines, etc.), and section 1403 of the act of August 9, 1955

24

(P.L.323, No.130), known as The County Code, and as otherwise

25

deemed appropriate by the court.

26

(c)  Penalty for undesignated violations.--A person who

27

violates any provision of this title for which a particular

28

penalty is not [applicable] designated commits:

29

(1)  A misdemeanor of the [third] second degree if the

30

violation involves an endangered or threatened species and no

- 4 -

 


1

more severe penalty is fixed.

2

(2)  A summary offense of the fifth degree for any other

3

violation.

4

(d)  [Second and subsequent offenses.--Where game or wildlife

5

is taken, killed, wounded, possessed, transported, purchased,

6

concealed or sold and the offense is a second or subsequent

7

offense in a two-year period, one and one-half times the amount

8

of fine shall be imposed.] Enhanced penalties for certain

9

violations.--If applicable, one or more of the following may

10

apply to certain offenses:

11

(1)  An additional fine of one and one-half times the

12

amount of the applicable fine may be imposed when the offense

13

involves the unlawful taking, killing, wounding, possession,

14

transportation, concealment, purchase or sale of game or

15

wildlife and the offense is a second or subsequent offense

16

within a ten-year period or during the same criminal episode.

17

(2)  An additional fine of $500 may be imposed when the

18

offense involves the unlawful poaching of game or wildlife,

19

as defined under section 102 (relating to definitions). Any

20

additional fines imposed under this paragraph shall be

21

directed to the commission to compensate any witness whose

22

report directly results in a successful conviction. If

23

applicable, each witness, up to a maximum of two, shall be

24

compensated $250 for each additional $500 imposed.

25

(e)  Installment payment of fines.--Upon a plea and proof

26

that a person is unable to pay any fine and costs imposed under

27

this title, a court may, in accordance with 42 Pa.C.S. § 9758 

28

(relating to fine), permit installment payments it considers

29

appropriate to the circumstances of the [defendant] person, in

30

which case its order shall specify when each installment payment

- 5 -

 


1

is due.

2

(f)  Nonpayment of fines and costs.--Unless otherwise

3

provided in this title, each person who fails to pay [the fine] 

4

any fines and costs imposed may, after hearing before a

5

magisterial district judge, be imprisoned until the [fine is] 

6

fines and costs are paid in full. The court may imprison the

7

person for a number of days equal to one day for each $40 of the

8

unpaid balance of the [fine] fines and costs not to exceed [120

9

days] 24 months.

10

(g)  [Community public service] Adjudication alternative 

11

program inapplicable.--The provisions of 42 Pa.C.S. § 1520 

12

(relating to [community public service] adjudication alternative 

13

program) shall not be applied as an adjudication alternative for

14

any violation or offense under this title.

15

(h)  Separate offenses.--Where game or wildlife is unlawfully

16

taken, killed, wounded, possessed, transported, purchased,

17

concealed or sold, each bird or animal or part thereof involved

18

in the violation constitutes a separate offense.

19

(i)  Replacement costs.--In addition to the fines and costs

20

imposed for violations pursuant to subsection (b), the costs

21

incurred by the commission for the replacement of the species

22

involved in the violation shall be assessed by the magisterial

23

district judge in such amount as is fixed by regulation of the

24

commission. Replacement costs shall only be assessed for

25

violations relating to threatened or endangered species of North

26

American game or wildlife and such other species of Pennsylvania

27

game or wildlife as designated by the commission.

28

(j)  Title 18 inapplicable.--Title 18 (relating to crimes and

29

offenses) is inapplicable to this title insofar as it relates

30

to:

- 6 -

 


1

(1)  intent, willfulness of conduct or fines and

2

imprisonment for convictions of summary offenses and

3

misdemeanors; or

4

(2)  criminal records under 18 Pa.C.S. Ch. 91 (relating

5

to criminal history record information) for misdemeanors

6

under section 2522(b)(1) (relating to shooting at or causing

7

injury to human beings).

8

§ 929.  Revocation, suspension or denial of license, permit or

9

registration.

10

(a)  General rule.--Except as otherwise provided in this

11

title, any hunting or furtaking license, special license or

12

permit or registration granted under the authority of this title

13

may be denied, revoked or suspended by the commission when the

14

holder of the license, permit or registration is convicted of an

15

offense under this title or has acted contrary to the intent of

16

the registration or permit, with each offense constituting a

17

separate violation subject to separate revocation. The

18

commission may refuse to grant to that person any permit or

19

registration and may deny any privilege granted by these

20

documents for a period not exceeding five years unless otherwise

21

provided in this title.

22

* * *

23

(b)  Regulations.--The commission may promulgate regulations

24

specifying the procedures to be followed in denying, revoking or

25

suspending any hunting and furtaking privileges, licenses,

26

permits and registrations granted under the provisions of this

27

title.

28

§ 932.  Determination of second or subsequent [convictions] 

29

offenses.

30

Any person convicted or pleading guilty or signing an

- 7 -

 


1

acknowledgment of guilt under any provisions of this title who,

2

within the past [two] ten years, was convicted or pleaded guilty

3

or signed an acknowledgment of guilt for violating any of the

4

provisions of this title or the former laws relating to game or

5

wildlife then in force shall be sentenced under this title as a

6

second or subsequent offender. Any adjudication of delinquency,

7

juvenile consent decree, acceptance of Accelerated

8

Rehabilitative Disposition or other form of preliminary

9

disposition within the past ten years of the present violation

10

shall be considered for the purposes of determining a second or

11

subsequent offense.

12

§ 2167.  Endangered or threatened species.

13

(a)  Changes to list.--The commission may, by regulation, add

14

or remove any wild bird or wild animal native to this

15

Commonwealth to or from the Pennsylvania native list of

16

endangered or threatened species.

17

(b)  Possession, transportation, capturing or killing.--

18

Except as otherwise provided in this title, it is unlawful for

19

any person, acting either for himself or as the representative

20

of another, to bring into or remove from this Commonwealth, or

21

to possess, transport, capture or kill, or attempt, aid, abet or

22

conspire to capture or kill, any wild bird or wild animal, or

23

any part thereof, or the eggs of any wild bird, which are

24

endangered or threatened species. It is the duty of every

25

officer having authority to enforce this title to seize all wild

26

birds or wild animals, or any part thereof, or the eggs of any

27

wild bird, which have been declared endangered or threatened. [A

28

violation of this subsection is a misdemeanor of the third

29

degree. All wild birds or wild animals, or any part thereof, or

30

the eggs seized which are found to be in violation of this

- 8 -

 


1

subsection are contraband.]

2

(c)  Purchase, sale, barter or exchange.--Except as otherwise

3

provided in this title, it is unlawful for any person, acting

4

either for himself or as a representative of another, at any

5

time to buy, sell, barter or exchange, or to offer for sale or

6

barter, or to have in possession for sale or barter, or to aid,

7

abet or conspire in the possession, sale, barter or exchange, or

8

to give away any endangered or threatened species or subspecies

9

of wild birds or wild animals, or parts thereof. It is the duty

10

of every officer having authority to enforce this title to seize

11

all endangered or threatened wild birds or wild animals, or any

12

part thereof. [A violation of this subsection is a misdemeanor

13

of the second degree. All wild birds or wild animals, or any

14

part thereof, found to be in violation of this subsection are

15

contraband.] This subsection shall not be construed to permit

16

any individual or agency other than the commission to sell the

17

skins or parts of game or wildlife or the plumage or parts of

18

birds killed as a protection to crops or accidentally killed

19

upon the highways or seized as contraband.

20

(d)  Penalties.--Except as otherwise provided below, a

21

violation of this section is a misdemeanor of the second degree

22

and results in forfeiture of the privilege to hunt or take

23

wildlife anywhere within this Commonwealth for a period of ten

24

years. A second or subsequent violation of this section within a

25

ten-year period or during the same criminal episode is a felony

26

of the third degree, and shall result in forfeiture of the

27

privilege to hunt or take wildlife anywhere within this

28

Commonwealth for a period of 15 years.

29

§ 2306.  Killing game or wildlife by mistake.

30

(a)  General rule.--Any person who, while hunting or trapping

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1

for game or wildlife which may be lawfully taken, by accident or

2

mistake kills or attempts to kill any game or wildlife other

3

than bears, elk or threatened or endangered species, contrary to

4

the provisions of this title, shall pay restitution pursuant to

5

subsection (b) to an officer of the commission. [The person

6

shall immediately remove all the entrails of any edible game or

7

wildlife, deliver the entire carcass, less entrails, to any

8

commission officer in the county in which killed for disposition

9

and make a written sworn statement explaining when, where and

10

how the accident or mistake occurred.]

11

(b)  Restitution.--Restitution for killing or an attempted

12

killing by accident or mistake shall be as follows:

13

(1)  Each deer - $25.

14

(2)  Each turkey - $20.

15

(3)  Each other wild bird or wild animal, other than a

16

bear, elk or an endangered or threatened species - $15.

17

(c)  [Additional action.--If the officer receiving the

18

payment and written statement after further review and

19

investigation is not satisfied the killing or attempted killing

20

was an accident or a mistake but was caused by negligence or

21

carelessness or if the person fails to pay the prescribed

22

restitution within ten days, the officer shall cause the person

23

to be prosecuted for the unlawful killing or attempted killing

24

of game or wildlife, and, if convicted, any amount paid shall be

25

applied to the payment of the penalty and costs.] Procedural

26

requirements.--Any person claiming a mistake kill or attempted

27

kill of game or wildlife pursuant to this section shall:

28

(1)  Immediately remove all of the entrails of any edible

29

game or wildlife and, if big game, tag the animal in the

30

manner prescribed under section 2323 (relating to tagging and

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1

reporting big game kills).

2

(2)  Within 12 hours after the killing or attempted

3

killing, report the same to the appropriate commission

4

regional office.

5

(3)  Within 24 hours after the killing or attempted

6

killing, deliver the entire carcass, less entrails, to any

7

commission officer in the county in which killed for

8

disposition and provide a written, sworn statement to the

9

commission officer explaining when, where and how the

10

accident or mistake occurred.

11

(4)  Within ten days after the killing or attempted

12

killing, provide the commission officer full payment of

13

restitution.

14

(d)  Carelessness or negligence; noncompliance with

15

procedural requirements.--If, after further review and

16

investigation, the commission determines that the killing or

17

attempted killing was the result of negligence or carelessness

18

and not an accident or a mistake or that the individual has not

19

complied with the procedural requirements in accordance with

20

subsection (c), the commission shall cause the person to be

21

prosecuted for the unlawful killing or attempted killing of game

22

or wildlife under section 2307 (relating to unlawful taking or

23

possession of game or wildlife) and, if convicted, any amount

24

paid shall be applied to the penalty and costs.

25

§ 2307.  Unlawful taking or possession of game or wildlife.

26

* * *

27

(e)  Penalties.--A violation of this section relating to:

28

(1)  Threatened or endangered species is a misdemeanor of

29

the second degree.

30

(2)  Elk or bear is a summary offense of the first

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1

degree.

2

(3)  Deer is a summary offense of the second degree.

3

(3.1)  Deer killed as a result of negligence or

4

carelessness as provided for in section [2306(c)] 2306(d) 

5

(relating to killing game or wildlife by mistake) is a

6

summary offense [punishable by a fine of not less than $100

7

nor more than $500] of the fifth degree.

8

(4)  Bobcat or otter is a summary offense of the third

9

degree.

10

(5)  Wild turkey or beaver is a summary offense of the

11

fourth degree.

12

(6)  Any other game or wildlife is a summary offense of

13

the fifth degree.

14

* * *

15

§ 2310.  Unlawful use of lights while hunting.

16

(a)  General rule.--Except as set forth in subsection (b), it

17

is unlawful for any person or group of persons to engage in any

18

of the following activities to any degree:

19

* * *

20

(2)  [Aid] Act, aid, assist or conspire either in the

21

killing or taking or in an attempt to kill, take, possess,

22

transport or conceal any game or wildlife or a part thereof

23

which has been killed or taken by use of any artificial

24

light.

25

* * *

26

(c)  Penalties.--[A violation of this section is a summary

27

offense of the fifth degree. In addition thereto, if any person

28

is hunting game or wildlife or if any attempt is made to take

29

any game or wildlife, the person or persons shall be sentenced

30

to the additional penalties of:

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1

(1)  For each endangered or threatened species, a fine of

2

$1,000 and forfeiture of the privilege to hunt or take game

3

or wildlife anywhere within this Commonwealth for a period of

4

ten years.

5

(2)  For each elk or bear, a fine of $800 and forfeiture

6

of the privilege to hunt or take game or wildlife anywhere

7

within this Commonwealth for a period of five years.

8

(3)  For each deer, a fine of $500 and forfeiture of the

9

privilege to hunt or take game or wildlife anywhere within

10

this Commonwealth for a period of three years.

11

(4)  For each bobcat or otter, a fine of $300 and

12

forfeiture of the privilege to hunt or take game or wildlife

13

anywhere within this Commonwealth for a period of three

14

years.

15

(5)  For each turkey or beaver, a fine of $200 and

16

forfeiture of the privilege to hunt or take game or wildlife

17

anywhere within this Commonwealth for a period of two years.

18

(6)  For each other bird or animal, a fine of $100 and

19

forfeiture of the privilege to hunt or take game or wildlife

20

anywhere within this Commonwealth for a period of one year.]

21

(1)  A violation of subsection (a)(1) is a summary

22

offense of the fifth degree.

23

(2)  A violation of subsection(a)(2) or (3) relating to:

24

(i)  Threatened or endangered species is a

25

misdemeanor of the second degree and results in

26

forfeiture of the privilege to hunt or take game or

27

wildlife anywhere within this Commonwealth for a period

28

of ten years. A second or subsequent violation of this

29

section within a ten-year period or during the same

30

criminal episode is a felony of the third degree, and

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1

shall result in forfeiture of the privilege to hunt or

2

take game or wildlife anywhere within this Commonwealth

3

for a period of 15 years.

4

(ii)  Big game animals is a misdemeanor of the third

5

degree and results in forfeiture of the privilege to hunt

6

or take game or wildlife anywhere within this

7

Commonwealth for a period of five years if the violation

8

is a first offense or a second offense during the same

9

criminal episode. A third or fourth violation of this

10

section during the same criminal episode is a misdemeanor

11

of the first degree, and shall result in the forfeiture

12

of the privilege to hunt or take game or wildlife

13

anywhere within this Commonwealth for a period of ten

14

years. A second or subsequent violation of this section

15

within a ten-year period or a fifth or subsequent

16

violation of this section during the same criminal

17

episode is a felony of the third degree, and shall result

18

in forfeiture of the privilege to hunt or take game or

19

wildlife anywhere within this Commonwealth for a period

20

of 15 years.

21

(iii)  Any other game or wildlife is a summary

22

offense of the first degree and results in the forfeiture

23

of the privilege to hunt or take game or wildlife

24

anywhere within this Commonwealth for a period of three

25

years.

26

* * *

27

§ 2312.  Buying and selling game.

28

(a)  General rule.--Unless otherwise provided, it is unlawful

29

for any person to buy, sell or barter, or aid, abet, assist or

30

conspire to buy, sell or barter, or offer for sale or barter, or

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1

have in possession or transport for sale or barter, any game or

2

the edible parts of game or any protected bird or animal or

3

parts of any protected bird or animal.

4

* * *

5

(d)  Penalty.--A violation of this section relating to:

6

[(1)  Elk or bear is a summary offense of the first

7

degree and results in forfeiture of the privilege to hunt or

8

take wildlife anywhere within this Commonwealth for a period

9

of five years.

10

(2)  Deer is a summary offense of the second degree and

11

results in forfeiture of the privilege to hunt or take game

12

or wildlife anywhere within this Commonwealth for a period of

13

three years.

14

(3)  Bobcat or otter is a summary offense of the third

15

degree and results in forfeiture of the privilege to hunt or

16

take game or wildlife anywhere within this Commonwealth for a

17

period of three years.

18

(4)  Wild turkey or beaver is a summary offense of the

19

fourth degree and results in forfeiture of the privilege to

20

hunt or take game or wildlife anywhere within this

21

Commonwealth for a period of two years.

22

(5)  Each other wild bird or wild animal is a summary

23

offense of the fifth degree and results in forfeiture of the

24

privilege to hunt or take game or wildlife anywhere within

25

this Commonwealth for a period of one year.]

26

(1)  Threatened or endangered species is a misdemeanor of

27

the second degree and results in forfeiture of the privilege

28

to hunt or take game or wildlife anywhere within this

29

Commonwealth for a period of ten years. A second or

30

subsequent violation of this section within a ten-year period

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1

or during the same criminal episode is a felony of the third

2

degree, and shall result in forfeiture of the privilege to

3

hunt or take game or wildlife anywhere within this

4

Commonwealth for a period of 15 years.

5

(2)  Big game animals is a misdemeanor of the third

6

degree and results in forfeiture of the privilege to hunt or

7

take game or wildlife anywhere within this Commonwealth for a

8

period of five years if the violation is a first offense or a

9

second offense during the same criminal episode. A third or

10

fourth violation of this section during the same criminal

11

episode is a misdemeanor of the first degree and shall result

12

in the forfeiture of the privilege to hunt of take game or

13

wildlife anywhere within this Commonwealth for a period of

14

ten years. A second or subsequent violation of this section

15

within a ten-year period or a fifth or subsequent violation

16

of this section during the same criminal episode is a felony

17

of the third degree, and shall result in forfeiture of the

18

privilege to hunt or take game or wildlife anywhere within

19

this Commonwealth for a period of 15 years.

20

(3)  Any other game or wildlife is a summary offense of

21

the first degree and results in the forfeiture of the

22

privilege to hunt or take game or wildlife anywhere within

23

this Commonwealth for a period of three years.

24

§ 2314.  Trespass on private property while hunting.

25

(a)  General rule.--Any person who while violating any

26

provision of this title or any regulations promulgated under

27

this title and who in addition is found to be trespassing as

28

defined in 18 Pa.C.S. § 3503 (relating to criminal trespass)

29

shall be in violation of this section.

30

(b)  Penalty.--A violation of this section:

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1

(1)  [For a first offense is a summary offense.] A

2

violation of this section is a summary offense of the fifth

3

degree.

4

(2)  [For a second or subsequent offense within one year

5

of the prior offense is a summary offense and upon conviction

6

will result in an immediate revocation of the person's

7

hunting and furtaking license and disqualification of the

8

person from issuance of a future license for a period of one

9

year from the date of revocation.] A second or subsequent

10

violation of this section within a ten-year period is a

11

summary offense of the fifth degree and results in forfeiture

12

of the privilege to hunt or take game or wildlife anywhere

13

within this Commonwealth for a period of one year.

14

§ 2321.  Unlawful killing or taking of big game.

15

(a)  General rule.--Except as provided in this title or by

16

regulation of the commission, it is unlawful for any person to:

17

(1)  [Kill or take or attempt or conspire to kill or take

18

in any manner more than the lawful number of big game animals

19

which may be taken in any license year.] Take, injure, kill,

20

possess or transport or aid, abet, assist, attempt or

21

conspire in any manner to take, injure, kill, possess or

22

transport any big game animal during closed season.

23

(2)  [Possess or transport in any manner any big game

24

which was unlawfully killed or taken.] Take, injure, kill,

25

possess or transport or aid, abet, assist, attempt or

26

conspire in any manner to take, injure, kill, possess or

27

transport any big game animal beyond established daily or

28

season limits.

29

[(3)  Assist, aid or abet or conspire to assist, aid or

30

abet in any manner any other person in the violation of

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1

paragraph (1) or (2).]

2

(b)  Exception.--This section shall not be construed to

3

prohibit the transportation or possession of one or more big

4

game animals which are lawfully killed and properly tagged.

5

(c)  Evidence of unlawful killing.--Unless the head is

6

attached in a natural manner and properly tagged as provided in

7

section 2323 (relating to tagging and reporting big game kills),

8

the possession, transportation or control of any big game or a

9

part or parts of such big game shall be prima facie evidence

10

that the big game was unlawfully killed within this

11

Commonwealth. Under such circumstances, the person possessing,

12

transporting or controlling the big game shall immediately, upon

13

demand of an officer of the commission, produce the head of the

14

big game or the name and address of the person killing the big

15

game or other satisfactory evidence that the carcass in

16

possession or under the person's control is part of a lawfully

17

taken big game.

18

(d)  Penalty.--

19

[(1)  A violation of this section relating to bear or elk

20

is a summary offense of the first degree.

21

(2)  A violation of this section relating to deer is a

22

summary offense of the second degree.

23

(3)  A violation of this section relating to wild turkey

24

is a summary offense of the fourth degree.

25

(4)  Each bird or animal or part thereof involved in a

26

violation constitutes a separate offense.]

27

(1)  A violation of this section or a second violation of

28

this section during the same criminal episode is a

29

misdemeanor of the third degree, and shall result in

30

forfeiture of the privilege to hunt or take game or wildlife

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1

anywhere within this Commonwealth for a period of five years.

2

(2)  A third or fourth violation of this section during

3

the same criminal episode is a misdemeanor of the first

4

degree, and shall result in forfeiture of the privilege to

5

hunt or take game or wildlife anywhere within this

6

Commonwealth for a period of ten years.

7

(3)  A second or subsequent violation of this section

8

within a ten-year period or a fifth or subsequent violation

9

of this section during the same criminal episode is a felony

10

of the third degree, and shall result in forfeiture of the

11

privilege to hunt or take game or wildlife anywhere within

12

this Commonwealth for a period of 15 years.

13

Section 3.  Section 2329 of Title 34 is repealed:

14

[§ 2329.  Additional penalty for poaching.

15

(a)  Additional penalty.--A person who violates this chapter

16

by illegally poaching any big game or threatened or endangered

17

species shall, in addition to any other penalty imposed, be

18

sentenced to pay a fine of $200 for each big game animal or each

19

threatened or endangered species illegally poached. Any fines

20

collected under this subsection shall be paid over to the

21

commission for use in maintaining the toll-free telephone number

22

under subsection (b) and to compensate callers whose reports led

23

to payment of a fine under this subsection. Each caller shall be

24

compensated $100 for each $200 collected as a result of the

25

caller's report.

26

(b)  Report of violations.--The commission shall establish

27

and maintain a toll-free telephone number to report poaching of

28

big game or threatened or endangered species. Reports of

29

poaching of big game or threatened or endangered species are

30

confidential. No persons other than employees of the commission

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1

in the course of official duties in connection with poaching

2

reports shall have access to identifying information relating to

3

the caller.]

4

Section 4.  Section 2711(a)(4) and (b) of Title 34 are

5

amended to read:

6

§ 2711.  Unlawful acts concerning licenses.

7

(a)  General rule.--Except as otherwise provided in this

8

title, it is unlawful for any person to:

9

* * *

10

(4)  Issue, acquire or aid, assist or conspire, either

11

for that person or any other person, in procuring any hunting

12

or furtaking license for which that person is not legally

13

entitled thereto.

14

* * *

15

(b)  Penalties.--A violation of this subchapter relating to:

16

[(1)  Hunting by a nonresident without a valid license or

17

licenses required by this title is a summary offense of the

18

fourth degree.

19

(2)  Furtaking by a nonresident without a valid furtaking

20

license or licenses required by this title is a summary

21

offense of the second degree.

22

(3)  Hunting or furtaking by a resident without a valid

23

license or licenses required by this title is a summary

24

offense of the fifth degree.

25

(4)  Subsection (a)(1) insofar as it relates to signing

26

or displaying a license is a summary offense of the eighth

27

degree.

28

(5)  Subsection (a)(2), (3), (4), (5) or (9) is a summary

29

offense of the fifth degree.

30

(6)  Subsection (a)(6), (7) or (8) is a summary offense

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1

of the seventh degree.

2

(7)  Subsection (a)(11) is a summary offense of the third

3

degree. In addition to the imposition of any penalty, a

4

convicted violator shall incur a five-year mandatory

5

revocation of the privilege to hunt or trap anywhere in this

6

Commonwealth.

7

(8)  Any of the other provisions of this subchapter or

8

the regulations promulgated thereunder is a summary offense

9

of the fifth degree.]

10

(1)  Subsection (a)(1) insofar as it relates to hunting

11

or furtaking without a valid license or licenses required is

12

a summary offense of the third degree.

13

(2)  Subsection (a)(1) insofar as it relates to signing

14

or displaying a license is a summary offense of the eighth

15

degree.

16

(3)  Subsection (a)(2), (3), (4), (5), (9) or (12) is a

17

summary offense of the fifth degree.

18

(4)  Subsection (a)(6), (7) or (8) is a summary offense

19

of the seventh degree.

20

(5)  Subsection (a)(10) or (11) is a summary offense of

21

the first degree and results in forfeiture of the privilege

22

to hunt or take game or wildlife anywhere within this

23

Commonwealth for a period of five years.

24

(6)  Any of the other provisions of this subchapter or

25

the regulations promulgated thereunder is a summary offense

26

of the fifth degree.

27

* * *

28

Section 5.  This act shall take effect in 60 days.

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