S0067B0345A03545 NAD:MAC 03/11/24 #90 A03545
AMENDMENTS TO SENATE BILL NO. 67
Sponsor: SENATOR ROTHMAN
Printer's No. 345
Amend Bill, page 1, line 4, by inserting after "providing"
for the offense of trespass on private property while hunting
and
Amend Bill, page 3, line 7, by striking out "Section" where
it occurs the second time and inserting
Sections 2314(a), (b) and (c) and
Amend Bill, page 3, line 7, by striking out "is" and
inserting
are
Amend Bill, page 3, by inserting between lines 7 and 8
ยง 2314. Trespass on private property while hunting.
(a) General rule.--A person, while engaged in hunting or
furtaking, commits an offense if, knowing that the person is not
licensed or privileged to do so, the person:
(1) enters or remains on any land of another without
authorization to do so, when the land is posted in a manner
prescribed by law or reasonably likely to come to the
person's attention [or is fenced or enclosed in a manner
manifestly designed to exclude trespassers; or];
(2) enters or remains on any land of another without
authorization and defies an order not to enter or to leave
that has been personally communicated to the person by the
owner of the land or other authorized person[.];
(3) enters or remains on any land of another without
authorization to do so, when the land is fenced or enclosed
in a manner manifestly designed to exclude trespassers; or
(4) subject to subsection (b), enters or remains on any
land of another without authorization to do so when notice
against trespass is given by the placement of identifying
purple paint marks on trees or posts on the property, which
are:
(i) vertical lines of not less than eight inches in
length and not less than one inch in width;
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(ii) placed in a manner so that the bottom of the
mark is not less than three feet from the ground and not
more than five feet from the ground; and
(iii) placed at locations that are readily visible
to a person approaching the property and no more than 100
feet apart.
(b) Applicability.--
(1) This section shall not apply to an unarmed person
who enters onto posted property for the sole purpose of
retrieving a hunting dog.
(2) Subsection (a)(4) shall not apply in a county of the
first class or a county of the second class .
(c) Penalty.--An offense under this section shall be graded
as follows:
(1) A person who violates subsection (a)(1), (3) or (4)
commits a summary offense of the [third degree.] second
degree and shall result in forfeiture of the privilege to
hunt or take game or wildlife anywhere within this
Commonwealth for a period of up to one year .
(2) A person who violates subsection (a)(2) commits a
misdemeanor[.] and shall result in forfeiture of the
privilege to hunt or take game or wildlife anywhere within
this Commonwealth for a period of three years .
(3) A person who commits a second or subsequent
violation of this section within a seven-year period commits
a misdemeanor, and the second or subsequent violation shall
result in forfeiture of the privilege to hunt or take game or
wildlife anywhere within this Commonwealth for a period of
[one year] five years.
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