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SENATE AMENDED
PRIOR PRINTER'S NO. 377
PRINTER'S NO. 2822
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
359
Session of
2017
INTRODUCED BY ENGLISH, KORTZ, SCHWEYER, McNEILL, GODSHALL,
MILLARD, IRVIN, READSHAW, SAYLOR, DeLUCA, D. COSTA, WHEELAND,
GILLEN AND GABLER, FEBRUARY 7, 2017
SENATOR STEFANO, GAME AND FISHERIES, IN SENATE, AS AMENDED,
DECEMBER 13, 2017
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, IN ENFORCEMENT, FURTHER PROVIDING FOR POWERS AND
DUTIES OF ENFORCEMENT OFFICERS AND FOR SUSPENSION OF
PRIVILEGES PENDING PAYMENT OF PENALTIES; in hunting and
furtaking, further providing for killing game or wildlife by
mistake; and, in hunting and furtaking licenses, further
providing for period of revocation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section SECTIONS 901(B.1), 930 AND 2306(a) and
(b) of Title 34 of the Pennsylvania Consolidated Statutes are
amended to read:
§ 901. POWERS AND DUTIES OF ENFORCEMENT OFFICERS.
* * *
(B.1) EXCEPTION TO THE PROHIBITION OF INTERCEPTION AND
DISCLOSURE OF COMMUNICATIONS.--AN OFFICER WHOSE DUTY IT IS TO
ENFORCE THIS TITLE AND WHO HAS RECEIVED TRAINING ON THE USE OF
[BODY CAMERAS] AN ELECTRONIC, MECHANICAL OR OTHER DEVICE WHICH
HAS BEEN APPROVED UNDER 18 PA.C.S. § 5706(B)(4) (RELATING TO
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EXCEPTIONS TO PROHIBITIONS IN POSSESSION, SALE, DISTRIBUTION,
MANUFACTURE OR ADVERTISEMENT OF ELECTRONIC, MECHANICAL OR OTHER
DEVICES) IN A COURSE APPROVED BY THE PENNSYLVANIA STATE POLICE
SHALL BE [DEFINED AS A LAW ENFORCEMENT OFFICER FOR THE PURPOSE
OF 18 PA.C.S. § 5704(16)(III) (RELATING TO EXCEPTIONS TO
PROHIBITION OF INTERCEPTION AND DISCLOSURE OF COMMUNICATIONS)]
AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER AS DEFINED UNDER 18
PA.C.S. § 5702 (RELATING TO DEFINITIONS). SUCH OFFICERS MAY WEAR
[BODY CAMERAS] AN ELECTRONIC, MECHANICAL OR OTHER DEVICE IN THE
PERFORMANCE OF THEIR OFFICIAL DUTIES. THIS SUBSECTION SHALL NOT
APPLY TO A DEPUTY GAME COMMISSION OFFICER OR DEPUTY WILDLIFE
CONSERVATION OFFICER.
* * *
§ 930. SUSPENSION OF PRIVILEGES PENDING PAYMENT OF PENALTIES.
[ALL] (A) GENERAL RULE.--NOTWITHSTANDING SUBSECTION (B), ALL
PRIVILEGES GRANTED BY THIS TITLE SHALL AUTOMATICALLY BE
SUSPENDED IF A DEFENDANT FAILS TO RESPOND TO A CITATION OR
SUMMONS WITHIN 60 DAYS OR FAILS TO PAY ALL PENALTIES IN FULL
WITHIN 180 DAYS FOLLOWING CONVICTION.
(B) PAYMENT PLAN.--IF A DEFENDANT IS ENROLLED IN A PAYMENT
PLAN TO REPAY PENALTIES AND THE DEFENDANT IS MAKING REGULAR
PAYMENTS UNDER THE PAYMENT PLAN, THE PRIVILEGES OF THIS TITLE
MAY NOT BE SUSPENDED.
§ 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.
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(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.
(4) Each bear - $100.
(5) Each elk - $100.
* * *
Section 2. Section 2742 of Title 34 is amended by adding a
subsection to read:
§ 2742. Period of revocation.
* * *
(c) Clemency from revocation.--The commission shall not
revoke the privilege to hunt or take game or wildlife anywhere
in this Commonwealth for an unlawful taking or possession of
game or wildlife violation if all of the following conditions
are met:
(1) The unlawful taking or possession of game or
wildlife violation is the person's first unlawful taking or
possession of game or wildlife offense.
(2) The person complies with all of the procedural
requirements set forth in section 2306(b)(1), (2) or (3)
(relating to killing game or wildlife by mistake) concerning
removal of entrails, tagging, reporting, delivery of carcass
and providing a written, sworn statement.
(3) The unlawful taking of game or wildlife violation
occurs during:
(i) an open season within the applicable wildlife
management unit for the species involved; or
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(ii) a closed season within the applicable wildlife
management unit for the species involved, but only if
there was an open season within an adjacent wildlife
management unit for the same species.
(4) The person pleads guilty to the applicable unlawful
taking or possession of game or wildlife violation charged.
(5) The unlawful taking or possession of game or
wildlife violation does not involve a threatened or
endangered species.
(6) there are no relevant aggravating circumstances
present concerning the unlawful taking or possession of game
or wildlife violation.
Section 3. This act shall take effect in 60 days.
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