THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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, CASORIO, GERGELY, WALKO, MICOZZIE, MOUL, ROCK, MURT, GEIST, HORNAMAN AND PYLE, JANUARY 28, 2009

AS REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 2, 2009   

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated

Statutes, in preliminary provisions, further providing for

definitions; in enforcement, further providing for the

offense of assaulting an officer, for jurisdiction and

penalties, for revocation, suspension or denial of license,

permit or registration and for determination of second or

subsequent convictions; in game or wildlife protection,

further providing for endangered or threatened species; in

hunting and furtaking, further providing for killing game or

wildlife by mistake, for unlawful taking or possession of

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

for buying and selling game, for trespass on private property

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

for additional penalty for poaching; and, in hunting and

furtaking licenses, further providing for unlawful acts

concerning licenses. 

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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

<--

Title 34 of the Pennsylvania Consolidated Statutes are amended

to read:

§ 102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

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

section unless the context clearly indicates otherwise:

* * *

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

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

wildlife.

* * *

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

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

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

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

this title or by regulation of the commission.

* * *

<--

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

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

kill or possess game or wildlife during closed season, beyond

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

of multiple violations of the provisions of this title or the

regulations promulgated thereunder.

* * *

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

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

regulation promulgated by the commission which implements or

otherwise pertains to any provision of this title.

* * *

Section 2.  Sections 904, 905, 925, 929(a) and (b), 932,

<--

2167, 2306, 2307(e) 2307(b) and (e), 2310(a)(2) and (c), 2312(a)

<--

and (d), 2314 and 2321 of Title 34 are amended to read:

§ 904.  Resisting or interfering with an officer.

<--

(a)  General offense.--[When an officer is in the performance

of any duty required by this title, it is unlawful for any

person to interfere with or resist an arrest, inspection or

investigation of the officer by threat, force, menace, flight or

obstruction. A violation of this subsection is a summary offense

of the first degree.] Any person who interferes with any officer

of this Commonwealth in the performance of his duty under the

provisions of this title commits a summary offense of the first

degree.

(a.1)  Resisting inspection or apprehension.--Any person who

by force, menace, threat or in any manner resists inspection or

arrest for violation of any of the provisions of this title or

who refuses to go with an officer authorized to enforce this

title after an arrest has been made commits a misdemeanor of the

first degree.

(b)  Failure to produce identification upon demand.--

(1)  A person who refuses to provide identification upon

demand of an officer whose duty it is to enforce this title

after having been told by the officer that the person is the

subject of an official investigation commits a summary

offense of the fifth degree.

(2)  A person who provides false identification to an

officer whose duty it is to enforce this title for the

purpose of avoiding prosecution or hindering apprehension or

obstructing an investigation commits a summary offense of the

second degree.

§ 905.  Assaulting an officer.

[A] Any person who intentionally, knowingly or recklessly 

attempts to cause or causes serious bodily injury to an officer

<--

making an arrest or investigation for a violation of this title

or performing any duties required by this title commits a

[misdemeanor] felony of the second degree.

§ 925.  Jurisdiction and penalties.

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

42 (relating to judiciary and judicial procedure), all

magisterial district judges shall have jurisdiction for all

violations of this title which are classified as summary

offenses and may accept guilty pleas and impose sentences for

violations of this title classified as misdemeanors.

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

other requirements of this title, the following fines and

penalties shall be imposed for violations of this title:

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

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

to 60 months.

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

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

to 36 months.

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

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

imprisonment up to [six] 24 18 months.

<--

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

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

sentenced to imprisonment up to [six] 12 months.

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

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

sentenced to imprisonment up to six months.

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

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

imprisonment up to three months.

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

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

imprisonment up to one month.

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

than [$200] $300 nor more than $500.

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

than [$100] $200 nor more than $300.

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

than [$75] $100 nor more than $200.

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

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

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

less than $25 nor more than $75] $50.

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

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

the imposition of any fines and penalties, costs of prosecution

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

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

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

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

deemed appropriate by the court.

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

violates any provision of this title for which a particular

penalty is not [applicable] designated commits:

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

violation involves an endangered or threatened species and no

more severe penalty is fixed.

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

violation.

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

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

concealed or sold and the offense is a second or subsequent

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

of fine shall be imposed.] Enhanced penalties for certain

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

apply to certain offenses:

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

<--

amount of the applicable fine may be imposed when the offense

involves the unlawful taking, killing, wounding, possession,

transportation, concealment, purchase or sale of game or

wildlife and the offense is a second or subsequent offense

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

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

<--

amount of the applicable fine may be imposed when the offense

is a second or subsequent offense within a ten-year period or

during the same criminal episode and no penalties for second

or subsequent offenses are prescribed for the violation under

this title.

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

offense involves the unlawful poaching of game or wildlife,

<--

as defined under section 102 (relating to definitions) taking

<--

of big game or threatened or endangered species. Any

additional fines imposed under this paragraph shall be

directed to the commission to compensate any witness whose

report directly results in a successful conviction. If

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

compensated $250 for each additional $500 imposed.

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

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

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

(relating to fine), permit installment payments it considers

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

which case its order shall specify when each installment payment

is due.

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

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

any fines and costs imposed may, after hearing before a

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

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

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

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

days] 24 months.

(g)  [Community public service] Adjudication alternative 

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

(relating to [community public service] adjudication alternative 

program) shall not be applied as an adjudication alternative for

any violation or offense under this title.

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

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

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

in the violation constitutes a separate offense.

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

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

incurred by the commission for the replacement of the species

involved in the violation shall be assessed by the magisterial

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

commission. Replacement costs shall only be assessed for

violations relating to threatened or endangered species of North

American game or wildlife and such other species of Pennsylvania

game or wildlife as designated by the commission.

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

offenses) is inapplicable to this title insofar as it relates

to:

(1)  intent, willfulness of conduct or fines and

imprisonment for convictions of summary offenses and

misdemeanors; or

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

to criminal history record information) for misdemeanors

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

injury to human beings).

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

registration.

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

title, any hunting or furtaking license, special license or

permit or registration granted under the authority of this title

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

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

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

the registration or permit, with each offense constituting a

separate violation subject to separate revocation. The

commission may refuse to grant to that person any permit or

registration and may deny any privilege granted by these

documents for a period not exceeding five years unless otherwise

provided in this title.

* * *

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

specifying the procedures to be followed in denying, revoking or

suspending any hunting and furtaking privileges, licenses,

permits and registrations granted under the provisions of this

title.

§ 932.  Determination of second or subsequent [convictions] 

offenses.

Any person convicted or pleading guilty or signing an

acknowledgment of guilt under any provisions of this title who,

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

or signed an acknowledgment of guilt for violating any of the

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

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

second or subsequent offender. Any adjudication of delinquency,

<--

juvenile consent decree, acceptance of Accelerated

Rehabilitative Disposition or other form of preliminary

<--

disposition within the past ten years of the present violation

shall be considered for the purposes of determining a second or

subsequent offense.

§ 2167.  Endangered or threatened species.

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

or remove any wild bird or wild animal native to this

Commonwealth to or from the Pennsylvania native list of

endangered or threatened species.

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

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

any person, acting either for himself or as the representative

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

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

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

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

endangered or threatened species. It is the duty of every

officer having authority to enforce this title to seize all wild

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

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

violation of this subsection is a misdemeanor of the third

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

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

subsection are contraband.]

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

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

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

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

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

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

to give away any endangered or threatened species or subspecies

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

of every officer having authority to enforce this title to seize

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

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

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

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

contraband.] This subsection shall not be construed to permit

any individual or agency other than the commission to sell the

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

birds killed as a protection to crops or accidentally killed

upon the highways or seized as contraband.

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

violation of this section is a misdemeanor of the second degree

and results in forfeiture of the privilege to hunt or take

wildlife anywhere within this Commonwealth for a period of ten

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

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

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

privilege to hunt or take wildlife anywhere within this

Commonwealth for a period of 15 years.

§ 2306.  Killing game or wildlife by mistake.

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

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

mistake kills or attempts to kill any game or wildlife other

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

the provisions of this title, shall pay restitution pursuant to

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

shall immediately remove all the entrails of any edible game or

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

commission officer in the county in which killed for disposition

and make a written sworn statement explaining when, where and

how the accident or mistake occurred.]

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

killing by accident or mistake shall be as follows:

(1)  Each deer - $25.

(2)  Each turkey - $20.

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

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

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

payment and written statement after further review and

investigation is not satisfied the killing or attempted killing

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

carelessness or if the person fails to pay the prescribed

restitution within ten days, the officer shall cause the person

to be prosecuted for the unlawful killing or attempted killing

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

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

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

kill of game or wildlife pursuant to this section shall:

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

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

manner prescribed under section 2323 (relating to tagging and

reporting big game kills).

(2)  Within 12 24 hours after the killing or attempted

<--

killing, report the same to the appropriate commission

regional office by telephone or electronic communication.

<--

(3)  Within 24 hours after the killing or attempted

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

commission officer in the county in which killed for

disposition and provide a written, sworn statement to the

commission officer explaining when, where and how the

accident or mistake occurred.

(4)  Within ten days after the killing or attempted

killing, provide the commission officer full payment of

restitution.

(d)  Carelessness or negligence; noncompliance with

<--

procedural requirements.--If, after further review and

investigation, the commission determines that the killing or

attempted killing was the result of negligence or carelessness

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

complied with the procedural requirements in accordance with

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

prosecuted for the unlawful killing or attempted killing of game

or wildlife under section 2307 (relating to unlawful taking or

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

paid shall be applied to the penalty and costs.

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

* * *

(b)  [(Reserved)] Hunting before and after lawful hunting 

<--

hours.--It is unlawful for any person to take, injure, kill,

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

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

transport any game or wildlife or any part thereof which was

taken within 30 minutes prior to the commencement of lawful

hunting hours or within 30 minutes after the cessation of lawful

hunting hours.

* * *

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

(1)  Threatened or endangered species is a misdemeanor of

the second degree.

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

degree.

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

[(3.1)  Deer killed as a result of negligence or

<--

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

<--

2306(c) (relating to killing game or wildlife by mistake) is

<--

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

<--

nor more than $500] of the fifth degree. $500.]

<--

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

degree.

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

fourth degree.

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

the fifth degree.

* * *

§ 2310.  Unlawful use of lights while hunting.

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

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

of the following activities to any degree:

* * *

(2)  [Aid] Act Knowingly act, aid, assist or conspire

<--

either in the killing or taking or in an attempt to kill,

take, possess, transport or conceal any game or wildlife or a

part thereof which has been killed or taken by use of any

artificial light.

* * *

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

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

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

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

to the additional penalties of:

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

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

or wildlife anywhere within this Commonwealth for a period of

ten years.

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

of the privilege to hunt or take game or wildlife anywhere

within this Commonwealth for a period of five years.

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

privilege to hunt or take game or wildlife anywhere within

this Commonwealth for a period of three years.

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

forfeiture of the privilege to hunt or take game or wildlife

anywhere within this Commonwealth for a period of three

years.

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

forfeiture of the privilege to hunt or take game or wildlife

anywhere within this Commonwealth for a period of two years.

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

forfeiture of the privilege to hunt or take game or wildlife

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

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

offense of the fifth degree.

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

(i)  Threatened or endangered species is a

misdemeanor of the second degree and results in

forfeiture of the privilege to hunt or take game or

wildlife anywhere within this Commonwealth for a period

of ten years. A second or subsequent violation of this

section within a ten-year period or during the same

criminal episode is a felony of the third degree, and

shall result in forfeiture of the privilege to hunt or

take game or wildlife anywhere within this Commonwealth

for a period of 15 years.

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

degree and results in forfeiture of the privilege to hunt

or take game or wildlife anywhere within this

Commonwealth for a period of five years if the violation

is a first offense or a second offense during the same

criminal episode. A third or fourth violation of this

section during the same criminal episode is a misdemeanor

of the first degree, and shall result in the forfeiture

of the privilege to hunt or take game or wildlife

anywhere within this Commonwealth for a period of ten

years. A second or subsequent violation of this section

within a ten-year period or a fifth or subsequent

violation of this section during the same criminal

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

in forfeiture of the privilege to hunt or take game or

wildlife anywhere within this Commonwealth for a period

of 15 years.

(iii)  Any other game or wildlife is a summary

offense of the first degree and results in the forfeiture

of the privilege to hunt or take game or wildlife

anywhere within this Commonwealth for a period of three

years.

* * *

§ 2312.  Buying and selling game.

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

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

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

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

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

parts of any protected bird or animal.

* * *

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

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

degree and results in forfeiture of the privilege to hunt or

take wildlife anywhere within this Commonwealth for a period

of five years.

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

results in forfeiture of the privilege to hunt or take game

or wildlife anywhere within this Commonwealth for a period of

three years.

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

degree and results in forfeiture of the privilege to hunt or

take game or wildlife anywhere within this Commonwealth for a

period of three years.

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

fourth degree and results in forfeiture of the privilege to

hunt or take game or wildlife anywhere within this

Commonwealth for a period of two years.

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

offense of the fifth degree and results in forfeiture of the

privilege to hunt or take game or wildlife anywhere within

this Commonwealth for a period of one year.]

(1)  Threatened or endangered species is a misdemeanor of

the second degree and results in forfeiture of the privilege

to hunt or take game or wildlife anywhere within this

Commonwealth for a period of ten years. A second or

subsequent violation of this section within a ten-year period

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

degree, and shall result in forfeiture of the privilege to

hunt or take game or wildlife anywhere within this

Commonwealth for a period of 15 years.

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

degree and results in forfeiture of the privilege to hunt or

take game or wildlife anywhere within this Commonwealth for a

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

second offense during the same criminal episode. A third or

fourth violation of this section during the same criminal

episode is a misdemeanor of the first degree and shall result

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

wildlife anywhere within this Commonwealth for a period of

ten years. A second or subsequent violation of this section

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

of this section during the same criminal episode is a felony

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

privilege to hunt or take game or wildlife anywhere within

this Commonwealth for a period of 15 years.

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

the first degree and results in the forfeiture of the

privilege to hunt or take game or wildlife anywhere within

this Commonwealth for a period of three years.

§ 2314.  Trespass on private property while hunting.

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

provision of this title or any regulations promulgated under

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

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

shall be in violation of this section.

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

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

violation of this section is a summary offense of the fifth

degree.

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

of the prior offense is a summary offense and upon conviction

will result in an immediate revocation of the person's

hunting and furtaking license and disqualification of the

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

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

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

summary offense of the fifth degree and results in forfeiture

of the privilege to hunt or take game or wildlife anywhere

within this Commonwealth for a period of one year.

§ 2321.  Unlawful killing or taking of big game.

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

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

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

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

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

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

<--

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

transport any big game animal during closed season.

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

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

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

<--

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

transport any big game animal beyond established daily or

season limits.

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

abet in any manner any other person in the violation of

paragraph (1) or (2).]

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

prohibit the transportation or possession of one or more big

game animals which are lawfully killed and properly tagged.

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

attached in a natural manner and properly tagged as provided in

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

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

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

that the big game was unlawfully killed within this

Commonwealth. Under such circumstances, the person possessing,

transporting or controlling the big game shall immediately, upon

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

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

game or other satisfactory evidence that the carcass in

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

taken big game.

(d)  Penalty.--

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

is a summary offense of the first degree.

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

summary offense of the second degree.

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

is a summary offense of the fourth degree.

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

violation constitutes a separate offense.]

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

<--

this section during the same criminal episode is a

misdemeanor of the third degree, and shall result in

forfeiture of the privilege to hunt or take game or wildlife

anywhere within this Commonwealth for a period of five years.

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

the same criminal episode is a misdemeanor of the first

degree, and shall result in forfeiture of the privilege to

hunt or take game or wildlife anywhere within this

Commonwealth for a period of ten years.

(3)  A second or subsequent violation of this section

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

of this section during the same criminal episode is a felony

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

privilege to hunt or take game or wildlife anywhere within

this Commonwealth for a period of 15 years.

(1)  (i)  Except as otherwise provided in paragraph (2),

<--

a violation of this section or a second violation of this

section during the same criminal episode is a misdemeanor

of the third degree and shall result in forfeiture of the

privilege to hunt or take wildlife anywhere within this

Commonwealth for a period of five years.

(ii)  A third or fourth violation of this section

during the same criminal episode is a misdemeanor of the

first degree and shall result in forfeiture of the

privilege to hunt or take wildlife anywhere within this

Commonwealth for a period of ten years.

(iii)  A fifth or subsequent violation of this

section during the same criminal episode is a felony of

the third degree and shall result in forfeiture of the

privilege to hunt or take wildlife anywhere within this

Commonwealth for a period of 15 years.

(iv)  Except as otherwise provided in paragraph (2),

a second or subsequent violation of this section within a

ten-year period is a felony of the third degree and shall

result in forfeiture of the privilege to hunt or take

wildlife anywhere within this Commonwealth for a period

of fifteen years.

(2)  (i)  (A)  A violation of subsection (a)(2)

pertaining to exceeding established season limits

where the species taken, injured, killed, possessed

or transported is a white-tailed deer or a wild

turkey is a summary offense of the first degree and

shall result in forfeiture of the privilege to hunt

or take wildlife anywhere within this Commonwealth

for a period of three years.

(B)  A second or subsequent violation of

subsection (a)(2) pertaining to exceeding established

season limits where the species taken, injured,

killed, possessed or transported is white-tailed deer

or wild turkey within a ten-year period of a first

violation graded as a summary offense of the first

degree under this subparagraph is a misdemeanor of

the first degree and shall result in forfeiture of

the privilege to hunt or take wildlife anywhere

within this Commonwealth for a period of ten years.

(ii)  (A)  A second violation of subsection (a)(2)

during the same criminal episode where the species

taken, injured, killed, possessed or transported is

white-tailed deer or wild turkey is a misdemeanor of

the third degree and shall result in forfeiture of

the privilege to hunt or take wildlife anywhere

within this Commonwealth for a period of five years.

(B)  A third or fourth violation of subsection

(a)(2) during the same criminal episode where the

species taken, injured, killed, possessed or

transported is white-tailed deer or wild turkey is a

misdemeanor of the first degree and shall result in

forfeiture of the privilege to hunt or take wildlife

anywhere within this Commonwealth for a period of ten

years.

(C)  A fifth or subsequent violation of

subsection (a)(2) during the same criminal episode

where the species taken, injured, killed, possessed

or transported is white-tailed deer or wild turkey is

a felony of the third degree and shall result in

forfeiture of the privilege to hunt or take wildlife

anywhere within this Commonwealth for a period of 15

years.

(iii)  A second or subsequent violation of subsection

(a)(2) pertaining to exceeding established season limits

where the species taken, injured, killed, possessed or

transported is a white-tailed deer or a wild turkey

within a ten-year period of a second or subsequent

violation graded under subparagraph (ii) is a felony of

the third degree and shall result in forfeiture of the

privilege to hunt or take wildlife anywhere within this

Commonwealth for a period of 15 years.

Section 3.  Section 2329 of Title 34 is repealed:

[§ 2329.  Additional penalty for poaching.

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

by illegally poaching any big game or threatened or endangered

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

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

threatened or endangered species illegally poached. Any fines

collected under this subsection shall be paid over to the

commission for use in maintaining the toll-free telephone number

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

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

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

caller's report.

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

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

big game or threatened or endangered species. Reports of

poaching of big game or threatened or endangered species are

confidential. No persons other than employees of the commission

in the course of official duties in connection with poaching

reports shall have access to identifying information relating to

the caller.]

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

amended to read:

§ 2711.  Unlawful acts concerning licenses.

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

title, it is unlawful for any person to:

* * *

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

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

or furtaking license for which that person is not legally

entitled thereto.

* * *

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

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

licenses required by this title is a summary offense of the

fourth degree.

(2)  Furtaking by a nonresident without a valid furtaking

license or licenses required by this title is a summary

offense of the second degree.

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

license or licenses required by this title is a summary

offense of the fifth degree.

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

or displaying a license is a summary offense of the eighth

degree.

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

offense of the fifth degree.

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

of the seventh degree.

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

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

convicted violator shall incur a five-year mandatory

revocation of the privilege to hunt or trap anywhere in this

Commonwealth.

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

the regulations promulgated thereunder is a summary offense

of the fifth degree.]

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

or furtaking without a valid license or licenses required is

a summary offense of the third degree.

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

or displaying a license is a summary offense of the eighth

degree.

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

summary offense of the fifth degree.

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

of the seventh degree.

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

the first degree and results in forfeiture of the privilege

to hunt or take game or wildlife anywhere within this

Commonwealth for a period of five years.

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

the regulations promulgated thereunder is a summary offense

of the fifth degree.

* * *

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