THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CUTLER, KORTZ, DALLY, BOYD, CAUSER, DENLINGER, GEIST, GOODMAN, HESS, HICKERNELL, KRIEGER, MENSCH, MOUL, PALLONE, PHILLIPS, PICKETT, PYLE, RAPP, READSHAW, SONNEY, STERN, SWANGER, TRUE AND VULAKOVICH, FEBRUARY 2, 2009

REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 2, 2009  

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated

Statutes, further providing for powers and duties of

enforcement officers and for resisting or interfering with an

officer.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 901(a)(2), (3), (6), (7), (8) and (14) of

Title 34 of the Pennsylvania Consolidated Statutes are amended

and the section is amended by adding a subsection to read:

§ 901.  Powers and duties of enforcement officers.

(a)  Powers.--Any officer whose duty it is to enforce this

title or any officer investigating any alleged violation of this

title shall have the power and duty to:

* * *

(2)  Go upon any land or water outside of buildings,

except curtilage, posted or otherwise, in the performance of

the officer's duty. For purposes of this paragraph, camps

that are not permanently occupied residences shall not be

deemed to have curtilage.

(3)  Serve subpoenas issued under the provisions of this

title or any other statute the officer is authorized to

enforce.

* * *

(6)  Stop [and inspect or search, at any time,] vehicles

or any means of transportation within this Commonwealth under

reasonable suspicion or under the administrative procedures

for road check points. Any officer who stops any means of

transportation shall be in uniform and present a badge or

other means of official identification and state the purpose

of the [inspection or search] stop.

(7)  [Inspect and examine or search, at any time or

place, any person or means of transportation or its

attachment or occupants, or any clothing worn by any person,

or any bag, clothing or container when the officer presents

official identification and states the purpose of the

inspection or search.] Search any means of transportation or

its attachment under probable cause, consent, exigent

circumstances or other exceptions to warrant requirements

established by legal precedent.

(8)  [Inspect and examine or search, at any time, any

camp, tent, cabin, trailer or any means of transportation or

its attachment being used when the officer presents official

identification to the person in charge and states the purpose

of the inspection or search.] Conduct administrative

inspections of persons, licenses and permits, firearms,

ammunition and other implements of taking, game bags, game,

meat poles, tags, clothing, waterfowl blinds, decoys, tree

stands, immediate hunting locations, boats, ATVs or other

vehicles used as blinds and any coolers or containers

possessed at a hunting location when prima facie evidence of

hunting exists.

* * *

(14)  Demand and secure identification from any person

who is the subject of an official investigation or

investigative detention, supported by reasonable suspicion of

any statutes the officer is authorized to enforce.

* * *

(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Officer's employment."  The period of time during which a

wildlife conservation officer is currently engaged in an

activity the officer is employed to perform at the time of the

engagement and in places the officer is authorized to perform

the activity.

Section 2.  Section 904 (b)(1) of Title 34 is amended to

read:

§ 904.  Resisting or interfering with an officer.

* * *

(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 or investigative

detention, supported by reasonable suspicion of any statutes

the officer is authorized to enforce, commits a summary

offense of the fifth degree.

* * *

Section 3.  This act shall take effect in 60 days.