PRINTER'S NO. 495
No. 475 Session of 1999
INTRODUCED BY FORCIER, SEYFERT, PESCI, E. Z. TAYLOR AND
FAIRCHILD, FEBRUARY 9, 1999
REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 9, 1999
AN ACT
1 Amending Titles 30 (Fish) and 34 (Game) of the Pennsylvania
2 Consolidated Statutes, providing for trespassing and
3 penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 30 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 729. Trespassing on lands or waters of this Commonwealth.
9 (a) General rule.--No person shall, knowing that he is not
10 licensed or privileged to do so:
11 (1) enter or remain on any lands or waters of this
12 Commonwealth;
13 (2) enter or remain on any lands or waters of this
14 Commonwealth when the lands or waters are posted in a manner
15 prescribed by law or reasonably likely to come to the
16 person's attention or are fenced or enclosed in a manner
17 manifestly designed to exclude trespassers or to confine fish
18 or animals; or
1 (3) enter or remain on any lands or waters of this
2 Commonwealth and defy an order not to enter or to leave that
3 has been personally communicated to him by the commission,
4 the executive director, a waterways conservation officer, a
5 deputy waterways conservation officer or other authorized
6 person.
7 (b) Penalties.--Any person who violates this section commits
8 an offense, which offense shall be graded as follows:
9 (1) A violation of subsection (a)(1) constitutes a
10 summary offense and is punishable by imprisonment for a term
11 of not more than 90 days and a fine of not less than $100 nor
12 more than $300.
13 (2) A violation of subsection (a)(2) constitutes a
14 misdemeanor of the third degree and is punishable by
15 imprisonment for a term of not more than one year and a fine
16 of not less than $250 nor more than $2,500.
17 (3) A violation of subsection (a)(3) constitutes a
18 misdemeanor of the second degree and is punishable by
19 imprisonment for a term of not more than two years and a fine
20 of not less than $500 nor more than $5,000.
21 Section 2. Title 34 of the Pennsylvania Consolidated
22 Statutes is amended by adding a section to read:
23 § 742. Trespassing on lands or waters.
24 (a) General rule.--No person shall, knowing that he is not
25 licensed or privileged to do so:
26 (1) enter or remain on any lands or waters;
27 (2) enter or remain on any lands or waters when the
28 lands or waters are posted in a manner prescribed by law or
29 reasonably likely to come to the person's attention or are
30 fenced or enclosed in a manner manifestly designed to exclude
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1 trespassers or to confine fish or animals; or
2 (3) enter or remain on any lands or waters and defy an
3 order not to enter or to leave that has been personally
4 communicated to him by the commission, the director, an
5 officer or other authorized person.
6 (b) Penalties.--Any person who violates this section commits
7 an offense, which offense shall be graded as follows:
8 (1) A violation of subsection (a)(1) constitutes a
9 summary offense and is punishable by imprisonment for a term
10 of not more than 90 days and a fine of not less than $100 nor
11 more than $300.
12 (2) A violation of subsection (a)(2) constitutes a
13 misdemeanor of the third degree and is punishable by
14 imprisonment for a term of not more than one year and a fine
15 of not less than $250 nor more than $2,500.
16 (3) A violation of subsection (a)(3) constitutes a
17 misdemeanor of the second degree and is punishable by
18 imprisonment for a term of not more than two years and a fine
19 of not less than $500 nor more than $5,000.
20 Section 3. This act shall take effect in 60 days.
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