SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY STABACK, PEIFER, BAKER, BELFANTI, BEYER, CALTAGIRONE, CARROLL, CASORIO, CREIGHTON, DALLY, FAIRCHILD, GEIST, GERGELY, GILLESPIE, GOODMAN, HALUSKA, HORNAMAN, KAUFFMAN, KORTZ, KOTIK, LEVDANSKY, LONGIETTI, McCALL, MICOZZIE, MOUL, MURT, PYLE, ROCK, SIPTROTH, SOLOBAY, SWANGER, VULAKOVICH, WALKO, WANSACZ, MARSHALL AND STURLA, JULY 14, 2009

AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 30, 2010   

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated

Statutes, in preliminary provisions, further providing for

definitions; in enforcement, repealing the offense of

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assaulting an officer, further providing for the offense of

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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"

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.

* * *

"Violation."  [A] Any act 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.  Section 905 of Title 34 is repealed:

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[§ 905.  Assaulting an officer.

A person who attempts to cause or causes 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 of the second degree.]

Section 2 3.  Sections 905, 925, 929(a) and (b), 932, 2167,

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

and 2321 of Title 34 are amended to read:

§ 905.  Assaulting an officer.

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[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 more than $25,000

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and may be sentenced to imprisonment up to 60 months.

(2) (1)  Felony of the third degree, not more than

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$15,000 and may be sentenced to imprisonment up to 36 months.

[(1)] (3) (2)  Misdemeanor of the first degree, not [less

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

imprisonment up to [six] 18 months.

[(2)] (4) (3)  Misdemeanor of the second degree, not

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

to imprisonment up to [six] 12 months.

[(3)] (5) (4)  Misdemeanor [of the third degree,] not

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

sentenced to imprisonment up to six months.

[(4)] (6) (5)  Summary offense of the first degree, not

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

sentenced to imprisonment up to three months.

[(5)] (7) (6)  Summary offense of the second degree, not

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less than [$300] $400 nor more than $800 and may be sentenced

to imprisonment up to one month.

[(6)] (8) (7)  Summary offense of the third degree, not

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less than [$200] $250 nor more than $500.

[(7)] (9) (8)  Summary offense of the fourth degree, not

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less than [$100] $150 nor more than $300.

[(8)] (10) (9)  Summary offense of the fifth degree, not

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less than [$75] $100 nor more than $200.

[(9)] (11) (10)  Summary offense of the sixth degree,

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[not less than $50 nor more than $100] $75.

[10] (12) (11)  Summary offense of the seventh degree,

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[not less than $25 nor more than $75] $50.

[(11)] (13) (12)  Summary offense of the eighth degree,

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$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

is a second or subsequent offense within a seven-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 taking of big game or

threatened or endangered species and a witness report was

instrumental in securing a successful conviction. 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 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 a 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] six 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).

(k)  Impact on other laws.--A felony under this title shall

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not be deemed to constitute a felony for the purpose of any

other law relating to disqualification from employment, loss of

suffrage or for any other purpose.

§ 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] seven 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 acceptance of Accelerated

Rehabilitative Disposition within the past seven 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.--A violation of this section shall be graded

as follows:

(1)  A first violation is a misdemeanor of the second

degree and may result in forfeiture of the privilege to hunt

or take wildlife anywhere within this Commonwealth for a

period of seven years.

(2)  A second violation within a seven-year period or

during the same criminal episode as the first violation is a

misdemeanor of the first degree and may result in the

forfeiture of the privilege to hunt or take wildlife anywhere

within this Commonwealth for a period of ten years.

(3)  A third or subsequent violation within a seven-year

period or during the same criminal episode as the first or

second violation is a felony of the third degree and may

result in the 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 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.

§ 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) (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.]

(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] Intentionally, knowingly or recklessly or

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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 shall be graded

as follows:

(A)  A first offense is a misdemeanor of the

second degree and may result in forfeiture of the

privilege to hunt or take game or wildlife anywhere

in this Commonwealth for a period of seven years.

(B)  A second offense within a seven-year period

or during the same criminal episode as the first

offense is a misdemeanor of the first degree and may

result in forfeiture of the privilege to hunt or take

game or wildlife anywhere within this Commonwealth

for a period of ten years.

(C)  A third or subsequent violation within a

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seven-year period or during the same criminal episode

of a first or second offense is a felony of the third

degree and may result in forfeiture of the privilege

to hunt or take wildlife within this Commonwealth for

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a period of 15 years.

(ii)  Big game animals shall be graded as follows:

(A)  A first offense or a second offense during

the same criminal episode is a misdemeanor and may

result in forfeiture of the privilege to hunt or take

game or wildlife anywhere within this Commonwealth

for a period of five years.

(B)  A second offense within a seven-year period

or a third or fourth offense during the same criminal

episode is a misdemeanor of the first degree and may

result in the forfeiture of the privilege to hunt or

take game or wildlife anywhere within this

Commonwealth for a period of ten years.

(C)  A fifth or subsequent offense during the

same criminal episode or a third offense within a

seven-year period is a felony of the third degree and

may result in forfeiture of the privilege to hunt or

take game or wildlife anywhere within this

Commonwealth for a period of 15 years.

(iii)  A violation of subsection (a)(2) where the

species is a single white-tailed deer or a single wild

turkey is a summary offense of the first degree and may

result in forfeiture of the privilege to hunt or take

wildlife anywhere within this Commonwealth for a period

of three years. A second violation of subsection (a)(2)

where the species is a single white-tailed deer or a

single wild turkey within a seven-year period is a

misdemeanor and may result in forfeiture of the privilege

to hunt or take wildlife anywhere within this

Commonwealth for a period of five years. A third offense

within a seven-year period where the species is a single

white-tailed deer or a single wild turkey is a

misdemeanor of the first degree and may result in the

forfeiture of the privilege to hunt or take wildlife

anywhere within this Commonwealth for a period of ten

years.

(iv)  Any other game or wildlife is a summary offense

of the first degree and may result 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 shall be graded as

follows:

(i)  A first offense is a misdemeanor of the second

degree and may result in forfeiture of the privilege to

hunt or take game or wildlife anywhere within this

Commonwealth for a period of seven years.

(ii)  A second offense within a seven-year period or

during the same criminal episode is a misdemeanor of the

first degree and may result in forfeiture of the

privilege to hunt or take game or wildlife anywhere

within this Commonwealth for a period of 15 ten years.

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(iii)  A third or subsequent violation of this

section within a seven-year period or during the same

criminal episode is a felony of the third degree and may

result in forfeiture of the privilege to hunt or take

wildlife anywhere within this Commonwealth for a period

of 15 years.

(2)  Big game animals shall be graded as follows:

(i)  A first offense or a second offense during the

same criminal episode is a misdemeanor and may result in

forfeiture of the privilege to hunt or take game or

wildlife anywhere within this Commonwealth for a period

of five years.

(ii)  A second offense within a seven-year period or

a third or fourth offense during the same criminal

episode is a misdemeanor of the first degree and may

result in the forfeiture of the privilege to hunt or take

game or wildlife anywhere within this Commonwealth for a

period of ten years.

(iii)  A fifth or subsequent offense during the same

criminal episode or third offense within a seven-year

period is a felony of the third degree and may result in

forfeiture of the privilege to hunt or take game or

wildlife anywhere within this Commonwealth for a period

of 15 years.

(3)  The selling and buying of venison up to 20 pounds

and the buying and selling of other game or wildlife is a

summary offense of the first degree and may result 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 seven-year period is a

summary offense of the fifth degree and may result 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, intentionally or 

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recklessly or intentionally aid, abet, assist, attempt or

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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, intentionally or

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recklessly or intentionally 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)  (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

and may 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 or a second violation of

this section within a seven-year period is a misdemeanor

of the first degree and may 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 or third offense

within a seven-year period is a felony of the third

degree and may result in forfeiture of the privilege to

hunt or take wildlife anywhere within this Commonwealth

for a period of 15 years.

(2)  (i)  A violation of subsection (a)(1) or (2) where

the species is a single white-tailed deer or a single

wild turkey is a summary offense of the first degree and

may result in forfeiture of the privilege to hunt or take

wildlife anywhere within this Commonwealth for a period

of three years. A second violation of subsection (a)(1)

or (2) where the species is a single white-tailed deer or

a single wild turkey within a seven-year period is a

misdemeanor and may result in forfeiture of the privilege

to hunt or take wildlife anywhere within this

Commonwealth for a period of five years. A third offense

within a seven-year period where the species is a single

white-tailed deer or a single wild turkey is a

misdemeanor of the first degree and may result in the

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)(1) or

(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 and may 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)(1) or (2) during the same criminal episode where

the species is white-tailed deer or wild turkey is a

misdemeanor of the first degree and may 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)(1) or (2) during the same criminal

episode where the species is white-tailed deer or

wild turkey is a felony of the third degree and may

result in forfeiture of the privilege to hunt or take

wildlife anywhere within this Commonwealth for a

period of 15 years.

Section 3 4.  Section 2329 of Title 34 is repealed:

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

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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] may 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 may result 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 6.  The Pennsylvania Game Commission shall provide

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public notice of the provisions within this measure. This notice

shall be included within the next edition of the Pennsylvania

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Hunting and Trapping Digest for 2010-2011, and summaries of the

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amendments shall be made available at each issuing agent.

Section 6 7.  This act shall take effect in 60 days.

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