PRIOR PRINTER'S NO. 3243 PRINTER'S NO. 3519
No. 2463 Session of 1996
INTRODUCED BY B. SMITH, SURRA, MERRY, STABACK, GEIST, COLAIZZO,
NICKOL, WALKO, LYNCH, YOUNGBLOOD, TRUE, TRELLO, RUBLEY,
PISTELLA, EGOLF, GRUPPO AND GRUITZA, MARCH 15, 1996
AS REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 8, 1996
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing FOR DEFINITIONS, for license <--
3 costs and fees, for applications for licenses, for unlawful
4 acts concerning licenses, for incident reports and
5 assistance, for increased penalties for shooting at or
6 causing injury to or killing another person and for license
7 revocation; providing for contraband and forfeiture
8 proceedings, FOR AN ADDITIONAL PENALTY FOR POACHING, for a <--
9 felony penalty and for hunting or shooting at or causing
10 injury to or killing another person while under the influence
11 of alcohol or controlled substances; and further providing
12 for the buying and selling of game.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 925(a), (b) and (j) of Title 34 of the <--
16 Pennsylvania Consolidated Statutes are amended to read:
17 SECTION 1. THE DEFINITION OF "CONTRABAND" IN SECTION 102 OF <--
18 TITLE 34 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED
19 AND THE SECTION IS AMENDED BY ADDING DEFINITIONS TO READ:
20 § 102. DEFINITIONS.
21 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
22 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
1 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
2 USED IN THIS TITLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
3 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
4 * * *
5 "CONTRABAND." ANY GAME OR WILDLIFE, OR PART OR PRODUCT
6 THEREOF, [OR ANY PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED
7 TO, FIREARMS, TRAPS, BOATS, DECOYS, VEHICLES AND ATTACHMENTS AND
8 PROPERTY DESIGNED FOR USE OR USED IN HUNTING AND TAKING GAME OR
9 WILDLIFE,] WHEN THE GAME OR WILDLIFE, OR PART OR PRODUCT
10 THEREOF, [OR THE PERSONAL PROPERTY] IS HELD IN POSSESSION,
11 TRANSPORTED OR USED OR TAKEN IN VIOLATION OF ANY LAW, THE
12 ENFORCEMENT OR ADMINISTRATION OF WHICH IS VESTED IN THE
13 COMMISSION. CONTRABAND SHALL BE FORFEITED TO THE COMMISSION TO
14 BE DISPOSED OF AT THE DISCRETION OF THE DIRECTOR. THE TERM SHALL
15 ALSO INCLUDE ANY PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED
16 TO, FIREARMS, TRAPS, BOATS, DECOYS, VEHICLES AND ATTACHMENTS AND
17 PROPERTY DESIGNED FOR USE OR USED IN HUNTING AND TAKING GAME OR
18 WILDLIFE WHEN USED BY A POACHING RING.
19 * * *
20 "POACHING RING." TWO OR MORE PERSONS COMBINING IN ANY MANNER
21 OR DEGREE TO TAKE GAME INVOLVING MULTIPLE VIOLATIONS OF THE
22 PROVISIONS OF SECTION 2312 (RELATING TO BUYING AND SELLING
23 GAME).
24 * * *
25 "SUBSTANTIALLY INJURE." TO INJURE AN INDIVIDUAL TO A DEGREE
26 THAT REQUIRES TREATMENT BY A PHYSICIAN.
27 * * *
28 SECTION 2. SECTION 925(A), (B) AND (J) OF TITLE 34 ARE
29 AMENDED TO READ:
30 § 925. Jurisdiction and penalties.
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1 (a) Jurisdiction.--Notwithstanding the provisions of Title
2 42 (relating to judiciary and judicial procedure), all district
3 justices shall have jurisdiction for all violations of this
4 title which are classified as summary offenses [or misdemeanors]
5 and may accept guilty pleas and impose sentences for violations
6 of this title classified as misdemeanors.
7 (b) Fines and penalties for violations.--In addition to any
8 other requirements of this title, the following fines and
9 penalties shall be imposed for violations of this title:
10 (1) Felony of the third degree, not less than $2,500 nor
11 more than $15,000 and may be sentenced to imprisonment up to
12 seven years.
13 (1.1) Misdemeanor of the first degree, not less than
14 $2,000 nor more than $10,000 and may be sentenced to
15 imprisonment up to six months.
16 (2) Misdemeanor of the second degree, not less than
17 $1,000 nor more than $5,000 and may be sentenced to
18 imprisonment up to six months.
19 (3) Misdemeanor of the third degree, not less than $500
20 nor more than $2,500 and may be sentenced to imprisonment up
21 to six months.
22 (4) Summary offense of the first degree, $800.
23 (5) Summary offense of the second degree, $500.
24 (6) Summary offense of the third degree, $300.
25 (7) Summary offense of the fourth degree, $200.
26 (8) Summary offense of the fifth degree, $100.
27 (9) Summary offense of the sixth degree, $75.
28 (10) Summary offense of the seventh degree, $50.
29 (11) Summary offense of the eighth degree, $25.
30 In addition to the imposition of any fines, costs of prosecution
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1 shall also be assessed pursuant to 42 Pa.C.S. §§ 1725.1
2 (relating to costs) and 3571 (relating to Commonwealth portion
3 of fines, etc.).
4 * * *
5 (j) Title 18 inapplicable.--Title 18 (relating to crimes and
6 offenses) is inapplicable to this title insofar as it relates
7 to:
8 (1) intent, willfulness of conduct or fines and
9 imprisonment for convictions of summary offenses and
10 misdemeanors[.]; or
11 (2) criminal records under 18 Pa.C.S. Ch. 91 (relating
12 to criminal history record information) for misdemeanors
13 under section 2522(b)(1).
14 Section 2 3. Section 929(a) of Title 34 is amended and the <--
15 section is amended by adding subsections to read:
16 § 929. Revocation or denial of license, permit or registration.
17 (a) General rule.--Except as otherwise provided in this
18 title, any hunting or furtaking license, special license or
19 permit or registration granted under the authority of this title
20 may be revoked by the commission when the holder of the license,
21 permit or registration is convicted of an offense under this
22 title or has acted contrary to the intent of the license,
23 special license, registration or permit, with each offense
24 constituting a separate violation subject to separate
25 revocation. The commission may refuse to grant to that person
26 any new license, special license or permit or registration and
27 may deny any privilege granted by these documents for a period
28 not exceeding five years unless otherwise provided in this
29 title. A person whose license, permit or registration is revoked
30 or suspended under a provision of this title requiring mandatory
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1 revocation or suspension must, in order to obtain restoration,
2 present evidence of the successful completion of a hunter
3 education course under section 2704(b) (relating to eligibility
4 for license) taken subsequent to the period of revocation.
5 (a.1) Hunter education course.--A person whose privilege to
6 hunt with or without a license anywhere in this Commonwealth is
7 revoked or suspended under a provision of this title requiring
8 mandatory revocation or suspension shall, in order to obtain
9 restoration, present evidence of the successful completion of a
10 hunter education course under section 2704(b) taken subsequent
11 to each period of revocation or suspension.
12 (a.2) Vision examination and drug and alcohol education
13 program.--A person whose privilege to hunt with or without a
14 license anywhere in this Commonwealth is revoked or suspended
15 under section 2522(c) (relating to shooting at or causing injury
16 to human beings), in order to obtain restoration, shall present
17 evidence of having taken a vision examination under section
18 2522(c) and, if required by the commission, present evidence of
19 having successfully completed an alcohol and drug education
20 program under section 2522(h).
21 * * *
22 Section 3 4. Chapter 9 of Title 34 is amended by adding a <--
23 subchapter to read:
24 CHAPTER 9
25 ENFORCEMENT
26 * * *
27 SUBCHAPTER C
28 FORFEITURE
29 Sec.
30 941. Contraband.
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1 942. Forfeiture proceedings.
2 § 941. Contraband.
3 (A) GAME OR WILDLIFE.--No property rights shall exist in any <--
4 game or wildlife, or part or product thereof, or any personal <--
5 property, including, but not limited to, firearms, traps, boats,
6 decoys, vehicles and attachments and property designed for use
7 or used in hunting and taking game or wildlife, when the game or
8 wildlife, or part or product thereof, or the personal property <--
9 is held in possession, transported or used or taken in violation
10 of any law, the enforcement or administration of which is vested
11 in the commission. The same shall be deemed to be contraband and
12 proceedings for its forfeiture to the Commonwealth may be
13 instituted in the manner provided in this subchapter. No such
14 property when in the custody of the commission shall be seized
15 or taken therefrom on any writ of replevin or like process.
16 (B) PERSONAL PROPERTY.--WHENEVER ANY PERSONAL PROPERTY, <--
17 INCLUDING, BUT NOT LIMITED TO, FIREARMS, TRAPS, BOATS, DECOYS,
18 VEHICLES AND ATTACHMENTS AND PROPERTY DESIGNED FOR USE OR USED
19 IN HUNTING AND TAKING GAME OR WILDLIFE, IS USED BY A POACHING
20 RING COMBINING IN ANY MANNER OR DEGREE WHICH VIOLATE THE
21 PROVISIONS OF SECTION 2312 (RELATING TO BUYING AND SELLING
22 GAME), THE PERSONAL PROPERTY USED SHALL BE DEEMED CONTRABAND AND
23 SUBJECT TO FORFEITURE PROCEEDINGS. THE TERM "POACHING RING"
24 SHALL MEAN TWO OR MORE PERSONS WHO HAVE IN COMBINATION BEEN
25 ADJUDICATED TO HAVE VIOLATED THE PROVISIONS OF SECTION 2312.
26 § 942. Forfeiture proceedings.
27 (a) In rem proceedings.--Except as otherwise provided in
28 this title, the proceedings for the forfeiture or condemnation
29 of contraband shall be in rem, in which the Commonwealth shall
30 be the plaintiff and the property the defendant. A petition
19960H2463B3519 - 6 -
1 shall be filed in the court of common pleas, verified by oath or
2 affirmation of any officer or citizen, containing all of the
3 following:
4 (1) A description of the property so seized.
5 (2) A statement of the time and place where seized.
6 (3) The owner, if known.
7 (4) The person or persons in possession, if known.
8 (5) An allegation that the property had been possessed
9 or used or was intended for use in violation of this title.
10 (6) A prayer for an order of forfeiture that the
11 property be adjudged forfeited to the commission, unless
12 cause be shown to the contrary.
13 (b) Service of petition.--A copy of the petition shall be
14 served personally on the owner if the owner can be found within
15 the jurisdiction of the court or upon the person or persons in
16 possession of the property at the time of the seizure thereof.
17 The copy shall have endorsed thereon a notice as follows:
18 To the Claimant of Within Described Property: You are
19 required to file an answer to this petition, setting
20 forth your title in and right to possession of the
21 property, within 15 days from the service hereof; and you
22 are also notified that, if you fail to file an answer, a
23 decree of forfeiture and condemnation will be entered
24 against the property.
25 The notice shall be signed by petitioner or his attorney, or the
26 district attorney or the Attorney General.
27 (c) Publication of petition.--If the owner of the property
28 is unknown or outside the jurisdiction of the court and there
29 was no person in possession of the property when seized or the
30 person so in possession cannot be found within the jurisdiction
19960H2463B3519 - 7 -
1 of the court, notice of the petition shall be given by an
2 advertisement in only one newspaper of general circulation
3 published in the county where the property shall have been
4 seized, once a week for two successive weeks. No other
5 advertisement of any sort shall be necessary, notwithstanding
6 any other law to the contrary. The notice shall contain a
7 statement of the seizure of the property, with a description
8 thereof, the place and date of seizure and shall direct any
9 claimants thereof to file a claim therefor on or before a date
10 given in the notice, which date shall not be less than ten days
11 from the date of the last publication.
12 (d) Hearing.--Upon the filing of any claim for the property
13 setting forth a right of possession thereof, the case shall be
14 deemed at issue and a time be fixed for the hearing thereof.
15 (e) Burden of proof.--
16 (1) At the time of the hearing, if the Commonwealth
17 shall produce evidence that the property in question was
18 unlawfully possessed or used, the burden shall be upon the
19 claimant to show all of the following:
20 (i) That he is the owner of the property.
21 (ii) That he lawfully acquired the property.
22 (iii) That the property was not unlawfully used or
23 possessed.
24 (2) In the event the claimant shall prove by competent
25 evidence to the satisfaction of the court that the property
26 was lawfully taken, possessed and used, then the court may
27 order the same returned or delivered to the claimant. If it
28 appears that the property was unlawfully possessed or used,
29 the court may, in its discretion, adjudge that property
30 forfeited and condemned to the commission to be disposed of
19960H2463B3519 - 8 -
1 at the discretion of the director.
2 Section 4. Sections 2312, 2501, 2521 and 2522 of Title 34 <--
3 are amended to read:
4 SECTION 5. SECTION 2312 OF TITLE 34 IS AMENDED TO READ: <--
5 § 2312. Buying and selling game.
6 (a) General rule.--Unless otherwise provided, it is unlawful
7 for any person to buy, sell or barter, or aid, abet, assist or
8 conspire to buy, sell or barter, or offer for sale or barter, or
9 have in possession or transport for sale or barter, any game or
10 the edible parts of game or [any protected bird or animal or
11 parts of any protected bird or animal.] wildlife or parts of any
12 game or wildlife protected by this title. Edible parts shall
13 mean any portion which can be ingested by humans for any reason,
14 except hides or pelts.
15 (b) Imported game.--It is unlawful for any person to sell or
16 barter, or offer for sale or barter, any game or wildlife
17 protected by this title imported[, either dead or alive,] from
18 another state or nation [unless there is attached to the carton
19 containing the game or wildlife or to the individual carcasses a
20 tag identifying the game or wildlife in English and giving the
21 state or nation from which originally shipped.] and killed in
22 the wild.
23 (c) Exception.--Nothing in this section shall be construed
24 to prevent the purchase or sale of game raised under authority
25 of a propagating permit in this Commonwealth [or the capture and
26 sale of game or wildlife after securing a permit from the
27 director and payment of any fees established by the commission
28 or]; the purchase or sale of the tanned, cured or mounted heads <--
29 or skins, or parts thereof, of any game or wildlife not killed
30 in a wild state in this Commonwealth, provided documentation can
19960H2463B3519 - 9 -
1 be produced showing the animal or part's origin was another
2 state or nation; OR THE SALE OR PURCHASE OF ANY INEDIBLE PART <--
3 [THEREOF,] FROM GAME OR WILDLIFE LAWFULLY KILLED, IF SUCH PARTS
4 ARE DISPOSED OF BY THE ORIGINAL OWNER [WITHIN 90 DAYS AFTER THE
5 CLOSE OF THE SEASON IN WHICH THE GAME OR WILDLIFE WAS TAKEN]. If
6 a person possesses the game or parts and fails or refuses to
7 immediately produce the documentation as to where the game or
8 parts were taken or acquired, the game or parts shall be
9 presumed to have been taken in this Commonwealth and the person
10 shall be subject to the penalties provided for in this title for
11 the illegal possession, transportation, buying, bartering or
12 selling, as the case may be. or the sale or purchase of any <--
13 inedible part thereof, from game or wildlife lawfully killed, if
14 such parts are disposed of by the original owner within 90 days
15 after the close of the season in which the game or wildlife was
16 taken. Prior to selling parts of game or wildlife under the
17 provisions of this subsection, all edible parts shall be
18 removed. The commission may, by regulation, authorize the buying <--
19 or selling of inedible parts of game or wildlife as it deems
20 appropriate. This subsection shall not be construed to permit
21 any individual or agency other than the commission to sell the
22 skins or parts of game or wildlife killed as a protection to
23 crops, or accidentally killed upon the highways, or seized as
24 contraband.
25 (d) Penalty.--A violation of this section relating to:
26 (1) Elk or bear is a summary offense of the first degree
27 and results in forfeiture of the privilege to hunt or take
28 wildlife anywhere within this Commonwealth for a period of
29 five years.
30 (2) Deer is a summary offense of the second degree and
19960H2463B3519 - 10 -
1 results in forfeiture of the privilege to hunt or take game
2 or wildlife anywhere within this Commonwealth for a period of
3 three years.
4 (3) Bobcat or otter is a summary offense of the third
5 degree and results in forfeiture of the privilege to hunt or
6 take game or wildlife anywhere within this Commonwealth for a
7 period of three years.
8 (4) Wild turkey or beaver is a summary offense of the
9 fourth degree and results in forfeiture of the privilege to
10 hunt or take game or wildlife anywhere within this
11 Commonwealth for a period of two years.
12 (5) Each other wild bird or wild animal is a summary
13 offense of the fifth degree and results in forfeiture of the
14 privilege to hunt or take game or wildlife anywhere within
15 this Commonwealth for a period of one year.
16 (6) As part of the penalty for a violation of any
17 provision of this section, any game or wildlife or edible
18 parts of game bought, sold or bartered, offered for sale or
19 barter or possessed for sale or barter or any moneys or
20 proceeds received from the sale of game or wildlife or parts
21 of game or wildlife in violation of this section shall be
22 forfeited to the commission and disposed of at the discretion
23 of the director.
24 (7) As part of the penalty for a violation of any
25 provision of this section, upon conviction the defendant may
26 be sentenced up to six months in prison at the discretion of
27 the court.
28 (e) Contraband.--Any craft or vehicle or attachments thereto
29 being unlawfully used contrary to this section is contraband and
30 may be subject to in rem forfeiture as provided in this title.
19960H2463B3519 - 11 -
1 SECTION 6. TITLE 34 IS AMENDED BY ADDING A SECTION TO READ: <--
2 § 2329. ADDITIONAL PENALTY FOR POACHING.
3 (A) ADDITIONAL PENALTY.--A PERSON WHO VIOLATES THIS CHAPTER
4 BY ILLEGALLY POACHING BIG GAME SHALL, IN ADDITION TO ANY OTHER
5 PENALTY IMPOSED, BE SENTENCED TO PAY A FINE OF $200 FOR EACH BIG
6 GAME ANIMAL ILLEGALLY POACHED. ANY FINES COLLECTED UNDER THIS
7 SUBSECTION SHALL BE PAID OVER TO THE COMMISSION FOR USE IN
8 MAINTAINING THE TOLL-FREE TELEPHONE NUMBER UNDER SUBSECTION (B)
9 AND TO COMPENSATE CALLERS WHOSE REPORTS LED TO PAYMENT OF A FINE
10 UNDER THIS SUBSECTION. EACH CALLER SHALL BE COMPENSATED $100 FOR
11 EACH $200 COLLECTED AS A RESULT OF THE CALLER'S REPORT.
12 (B) REPORT OF VIOLATIONS.--THE COMMISSION SHALL ESTABLISH
13 AND MAINTAIN A TOLL-FREE TELEPHONE NUMBER TO REPORT POACHING OF
14 BIG GAME. REPORTS OF POACHING OF BIG GAME ARE CONFIDENTIAL. NO
15 PERSONS OTHER THAN EMPLOYEES OF THE COMMISSION IN THE COURSE OF
16 OFFICIAL DUTIES IN CONNECTION WITH POACHING REPORTS SHALL HAVE
17 ACCESS TO IDENTIFYING INFORMATION RELATING TO THE CALLER.
18 SECTION 7. SECTIONS 2501, 2521 AND 2522 OF TITLE 34 ARE
19 AMENDED TO READ:
20 § 2501. Hunting or furtaking prohibited while under influence
21 of alcohol or controlled substance.
22 (a) General rule.--It is unlawful to hunt or take game,
23 furbearers or wildlife or aid, abet, assist or conspire to hunt
24 or take game, furbearers or wildlife anywhere in this
25 Commonwealth while in possession of a firearm of any kind or a
26 bow and arrow [while under the influence of alcohol or a
27 controlled substance, or both.] if:
28 (1) under the influence of alcohol to a degree which
29 renders the person incapable of safe hunting or furtaking;
30 (2) under the influence of any controlled substance, as
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1 defined by the laws of this Commonwealth and rules and
2 regulations promulgated thereunder, to a degree which renders
3 the person incapable of safe hunting or furtaking;
4 (3) under the combined influence of alcohol and a
5 controlled substance to a degree which renders the person
6 incapable of safe hunting or furtaking;
7 (4) the amount of alcohol by weight in the blood of the
8 person is 0.10% or greater; or
9 (5) the amount of alcohol by weight in the blood of the
10 person is 0.10% or greater at the time of a chemical test of
11 a sample of the person's breath, blood or urine, which sample
12 is:
13 (i) obtained within three hours after the person
14 hunted or took game; or
15 (ii) if the circumstances of the incident prevent
16 collecting the sample within three hours, obtained within
17 a reasonable additional time after the person hunted or
18 took game.
19 (a.1) Defense.--It shall be a defense to a prosecution under
20 subsection (a)(5) if the person proves by a preponderance of
21 evidence that the person consumed alcohol after the last
22 instance in which he hunted or took game and that the amount of
23 alcohol by weight in his blood would not have exceeded 0.10% at
24 the time of the test but for such consumption.
25 (a.2) Legal use no defense.--The fact that any person
26 charged with violating this section is or has been legally
27 entitled to use alcohol or controlled substances is not a
28 defense to a charge of violating this section.
29 (A.3) EXCEPTION.--A PERSON WHO IS FURTAKING SHALL NOT BE <--
30 DEEMED IN VIOLATION OF SUBSECTION (A) IF THAT PERSON IS NOT IN
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1 POSSESSION OF A FIREARM.
2 (b) Penalty.--A violation of the provisions of this section
3 shall be a [summary offense] misdemeanor of the third degree. In
4 addition to any penalty, the violator shall be denied the right
5 to hunt or trap in this Commonwealth, with or without a license,
6 for a period of one year.
7 (c) Definition.--As used in this section, the term
8 "controlled substance" shall have the meaning ascribed to it by
9 the act of April 14, 1972 (P.L.233, No.64), known as The
10 Controlled Substance, Drug, Device and Cosmetic Act.
11 § 2521. [Accident] Incident reports.
12 (a) General rule.--Every person who causes or is involved in
13 an [accident] incident in which a human being is injured by any
14 firearm or bow and arrow while hunting or taking game, wildlife
15 or furbearers or incurs a self-inflicted injury with any firearm
16 or bow and arrow while hunting or taking game, wildlife or
17 furbearers shall render a report to the commission at Harrisburg
18 or deliver the report to any officer of the commission on
19 duplicate forms provided for that purpose. The report shall be
20 delivered within 72 hours after the injury. Each 24-hour period
21 thereafter shall constitute a separate offense. If the person is
22 physically incapable of making the required report, it shall be
23 the duty of the person or persons involved in the [accident]
24 incident to designate an agent to file the report within the
25 specified time.
26 (b) Penalty.--
27 (1) A violation of this section involving a nonfatal
28 [accident] incident is a summary offense of the fifth degree.
29 (2) A violation of this section involving a fatal
30 [accident] incident is a summary offense of the fourth
19960H2463B3519 - 14 -
1 degree.
2 § 2522. Shooting at or causing injury to human beings.
3 (a) General rule.--It is unlawful for any person while
4 hunting or furtaking, through carelessness or negligence, to
5 shoot at, injure or kill any human being through the use of a
6 firearm, bow and arrow or other deadly weapon.
7 (b) Penalty.--The penalty to be imposed for any violation of
8 this section shall be determined pursuant to the following
9 classifications:
10 (1) To shoot at but not hit or injure, or hit and not
11 substantially injure, a human being is a [summary offense of
12 the first degree] misdemeanor of the third degree.
13 (2) To substantially injure a human being is a
14 misdemeanor of the [third] second degree.
15 (3) To kill a human being is a misdemeanor of the
16 [second] first degree. FINES IMPOSED AGAINST A VIOLATOR OF <--
17 THIS PARAGRAPH SHALL BE DISTRIBUTED TO THE NEXT OF KIN AS AN
18 ASSET OF THE ESTATE OF THE DECEASED, OTHER PROVISIONS OF LAW
19 TO THE CONTRARY NOTWITHSTANDING.
20 (c) Denial of privileges.--In addition to the penalty
21 imposed pursuant to subsection (b), any person who shoots at,
22 injures or kills a human being shall be denied the privilege to
23 hunt or take game or wildlife anywhere in this Commonwealth,
24 with or without license, for the following periods:
25 (1) To shoot at but not hit or injure, or hit and not
26 substantially injure, a human being, the denial shall be for
27 a period of two years.
28 (2) To substantially injure a human being, the denial
29 shall be for a period of not less than [two] five years nor
30 more than [five] ten years.
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1 (3) To kill a human being, the denial shall be for a
2 period of [ten] fifteen years.
3 (d) Nonpayment of fine.--[A] In addition to any sentence
4 imposed pursuant to subsection (b), any person who fails to pay
5 the fine imposed by this section within 180 days shall undergo
6 imprisonment not in excess of one year or until the fine is paid
7 in full.
8 (e) Imprisonment for violation of sentence.--It is unlawful
9 for a person to hunt or take game or wildlife or attempt to hunt
10 or take game or wildlife, with or without license, contrary to a
11 sentence imposed under subsection (b). Upon conviction, the
12 person shall be sentenced to undergo imprisonment for a period
13 of not less than three months nor more than six months.
14 (f) Mandatory hunter education.--Any person whose privilege
15 to hunt or take game is suspended under subsection (c) shall,
16 prior to obtaining a license after the period of suspension,
17 present evidence of the successful completion of a hunter
18 education course as prescribed in section 2704(b) (relating to
19 eligibility for license) taken subsequent to each suspension of
20 the license.
21 (g) Mandatory vision examination.--Any person whose
22 privilege to hunt or take game is suspended under subsection (c)
23 shall present to the commission, prior to obtaining a license
24 after the period of suspension, evidence of having taken and the
25 results of a vision examination administered by a licensed
26 ophthalmologist or optometrist subsequent to the suspension of
27 the license. The commission, based on the results of the vision
28 examination, may deny a person a license or place on the license
29 a restriction requiring the person to wear corrective lenses
30 when the person hunts or takes game.
19960H2463B3519 - 16 -
1 (h) Alcohol and drug testing and education program.--Any
2 person who is licensed to hunt or take game in this Commonwealth
3 shall be deemed to have given consent to one or more chemical
4 tests of breath, blood or urine for the purpose of determining
5 the alcoholic content of blood or the presence of a controlled
6 substance as defined by the act of April 14, 1972 (P.L.233,
7 No.64), known as The Controlled Substance, Drug, Device and
8 Cosmetic Act, if there are reasonable grounds to believe the
9 person to have been hunting or taking game while under the
10 influence of alcohol or a controlled substance, or both, when
11 the person shot at, injured or killed a human being under
12 subsection (a). If the results of the test indicate that the
13 person was hunting or taking game while under the influence of
14 alcohol or a controlled substance, the Commonwealth shall
15 require the person to attend and successfully complete at that
16 person's cost an approved alcohol and drug education program
17 subsequent to the suspension of the license under subsection
18 (c). The person shall present to the commission, prior to
19 obtaining a license after the period of suspension, evidence of
20 having successfully completed the alcohol and drug education
21 program.
22 [(f)] (i) Civil remedies preserved.--Nothing in this section
23 shall bar the recovery of any damages in any civil action by any
24 aggrieved party.
25 Section 5 8. Title 34 is amended by adding a section to <--
26 read:
27 § 2522.1. Shooting at or causing injury to human beings while
28 under influence of alcohol or controlled
29 substance.
30 (a) General rule.--It is unlawful for any person while
19960H2463B3519 - 17 -
1 hunting or furtaking while under influence of alcohol or
2 controlled substance to shoot at, injure or kill any human being
3 through the use of a firearm, bow and arrow or other deadly
4 weapon.
5 (b) Penalty.--The penalty to be imposed for any violation of
6 this section shall be determined pursuant to the following
7 classifications:
8 (1) To shoot at but not hit or injure, or hit and not <--
9 substantially injure, a human being is a misdemeanor of the <--
10 second degree SUMMARY OFFENSE OF THE FIRST DEGREE. <--
11 (2) To substantially SHOOT AT AND injure a human being <--
12 is a misdemeanor of the first SECOND degree. <--
13 (3) To kill a human being is a felony of the third
14 degree. FINES IMPOSED AGAINST A VIOLATOR OF THIS PARAGRAPH <--
15 SHALL BE DISTRIBUTED TO THE NEXT OF KIN AS AN ASSET OF THE
16 ESTATE OF THE DECEASED, OTHER PROVISIONS OF LAW TO THE
17 CONTRARY NOTWITHSTANDING.
18 (c) Denial of privileges.--In addition to the penalty
19 imposed pursuant to subsection (b), any person who shoots at,
20 injures or kills a human being while under the influence of
21 alcohol or controlled substance shall be denied the privilege to
22 hunt or take game or wildlife anywhere in this Commonwealth,
23 with or without license for the following periods:
24 (1) To shoot at but not hit or injure, or hit and not
25 substantially injure, a human being, the denial shall be for
26 a period of three years.
27 (2) To substantially injure a human being, the denial
28 shall be for a period of not less than seven years nor more
29 than twelve years.
30 (3) To kill a human being, the denial shall be for a
19960H2463B3519 - 18 -
1 period of seventeen years.
2 (d) Nonpayment of fine.--In addition to any sentence imposed
3 pursuant to subsection (b), any person who fails to pay the fine
4 imposed by this section within 180 days shall undergo
5 imprisonment not in excess of one year or until the fine is paid
6 in full.
7 (e) Imprisonment for violation of sentence.--It is unlawful
8 for a person to hunt or take game or wildlife or attempt to hunt
9 or take game or wildlife, with or without license, contrary to a
10 sentence imposed under subsection (b). Upon conviction, the
11 person shall be sentenced to undergo imprisonment for a period
12 of not less than three months nor more than six months.
13 (f) Mandatory hunter education.--Any person whose privilege
14 to hunt or take game is suspended under subsection (c) shall,
15 prior to obtaining a license after the period of suspension,
16 present evidence for the successful completion of a hunter
17 education course as prescribed in section 2704(b) (relating to
18 eligibility for license) taken subsequent to each suspension of
19 the license.
20 (g) Civil remedies preserved.--Nothing in this section shall
21 bar the recovery of any damages in any civil action by any
22 aggrieved party.
23 Section 6. Sections 2523, 2704(d), 2705 and 2709 of Title 34 <--
24 SECTION 9. SECTIONS 2523 AND 2704(D) OF TITLE 34 are amended to <--
25 read:
26 § 2523. Rendering assistance after [accidents] incidents.
27 (a) General rule.--It is unlawful for any person who has
28 inflicted injury or witnessed the infliction of injury to a
29 human being with any firearm or bow and arrow, while hunting or
30 furtaking, to flee or to fail or refuse to render immediate and
19960H2463B3519 - 19 -
1 full assistance to the person injured.
2 (b) Penalties.--
3 (1) A violation of this section by the person inflicting
4 such injury where a human being is injured but not killed is
5 a misdemeanor of the second degree. In addition to the fine
6 imposed, the defendant forfeits the privilege to hunt or take
7 wildlife anywhere in this Commonwealth, with or without a
8 license, for a period of ten years.
9 (2) A violation of this section by the person inflicting
10 such injury where a human being is killed is a misdemeanor of
11 the first degree. In addition to the fine imposed, the
12 defendant forfeits the privilege to hunt or take wildlife
13 anywhere within this Commonwealth, with or without a license,
14 for a period of 15 years.
15 (3) A violation of this section by a person witnessing
16 such injury where a human being is injured but not killed is
17 a summary offense of the third degree.
18 (4) A violation of this section by a person witnessing
19 such injury where a human being is killed is a summary
20 offense of the first degree.
21 (5) A person convicted of a second or subsequent
22 violation of this section shall be sentenced to pay a fine of
23 twice the amount of the penalty imposed by this section and,
24 in addition thereto, forfeits the privilege to hunt or take
25 wildlife anywhere in this Commonwealth, with or without a
26 license, for an additional period of ten years.
27 § 2704. Eligibility for license.
28 * * *
29 (d) Duties of commission.--
30 (1) The commission shall provide for a course of
19960H2463B3519 - 20 -
1 instruction, approved by the director, in the safe and
2 ethical utilization of firearms and traps or other devices
3 used for taking furbearers. The commission may cooperate with
4 any reputable association or organization in presentation of
5 this course.
6 (2) The commission may designate any person who the
7 commission determines to be competent to give instruction in
8 the handling of firearms, traps or other devices to act as an
9 instructor. The appointed person shall give the course of
10 instruction and shall issue to each person who successfully
11 completes the course of instruction a certificate of training
12 in the handling of firearms, traps or other devices. No
13 charge shall be made for the course of instruction, except
14 for materials or ammunition consumed.
15 (3) The commission shall furnish information on the
16 requirements of the furtaker's education program which shall
17 be distributed, free of charge, to applicants for furtaker
18 licenses by the persons appointed and authorized to issue the
19 licenses.
20 (4) The provisions of this section shall not apply to
21 those persons under 12 years of age who trap furbearers under
22 the direct supervision of an adult licensed furtaker 18 years
23 of age or older.
24 (5) The commission shall include the provisions of
25 section 2523 (relating to rendering assistance after
26 accidents) in 12-point boldface type in all commission
27 publications of regulations issued to the public.
28 * * *
29 SECTION 10. SECTIONS 2705 AND 2709 OF TITLE 34, AMENDED <--
30 APRIL 4, 1996 (P.L.55, NO.19), ARE AMENDED TO READ:
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1 § 2705. Classes of licenses.
2 Unless otherwise provided, any person wishing to exercise any
3 of the privileges granted by this title shall first secure the
4 applicable resident or nonresident hunting or furtaker license
5 as follows:
6 (1) Adult resident hunting licenses to residents who
7 have reached their 17th birthday but have not reached their
8 65th birthday.
9 (2) Junior resident hunting and furtaker licenses to
10 residents who have reached or will reach their 12th birthday
11 in the calendar year of application for a license but who
12 have not reached their 17th birthday prior to the date of the
13 application for the license and who present a written
14 request, bearing the signature of a parent or guardian, for
15 the issuance of a license. The actual hunting privileges
16 granted to the holder of a junior license shall not be
17 exercised until that person in fact is 12 years of age.
18 (3) Senior resident hunting licenses or, at the option
19 of the applicant, a senior lifetime resident hunting license
20 to residents who have reached or will reach their 65th
21 birthday in the year of the application for the license. The
22 commission shall develop, implement and administer a system
23 to provide tags, report cards and applications to those
24 residents who hold a senior lifetime resident hunting license
25 issued under this paragraph. The system shall require the
26 applicant or license holder to pay any approved fee assessed
27 by the issuing agent.
28 (4) Adult resident furtaker licenses to residents who
29 have reached their 17th birthday but have not reached their
30 65th birthday.
19960H2463B3519 - 22 -
1 (5) [Junior resident furtaker licenses to residents who
2 have reached or will reach their 12th birthday in the
3 calendar year of application for a license but who have not
4 reached their 17th birthday prior to the date of the
5 application for the license and who present a written
6 request, containing the signature of a parent or guardian,
7 for the issuance of a license. The actual furtaking
8 privileges granted to the holder of a junior license shall
9 not be exercised until that person in fact is 12 years of
10 age.] (Reserved).
11 (6) Senior resident furtaker licenses or, at the option
12 of the applicant, a senior lifetime resident furtaker license
13 to residents who have reached or will reach their 65th
14 birthday in the year of the application for the license.
15 (7) (Reserved).
16 (8) Adult nonresident hunting licenses to all
17 nonresidents of 17 years of age or older.
18 (9) Junior nonresident hunting licenses to all
19 nonresidents who have reached or will reach their 12th
20 birthday in the calendar year of application for a license
21 but who have not reached their 17th birthday prior to the
22 date of the application for the license and who present a
23 written request, bearing the signature of a parent or
24 guardian, for the issuance of a license. The actual hunting
25 privileges granted to the holder of a junior license shall
26 not be exercised until that person in fact is 12 years of
27 age.
28 (10) Adult nonresident furtaker licenses to nonresidents
29 of 17 years of age or older.
30 (11) Junior nonresident furtaker licenses to
19960H2463B3519 - 23 -
1 nonresidents who have reached or will reach their 12th
2 birthday in the calendar year of application for a license
3 but who have not reached their 17th birthday prior to the
4 date of the application for the license and who present a
5 written request, containing the signature of a parent or
6 guardian, for the issuance of a license. The actual furtaking
7 privileges granted to the holder of a junior license shall
8 not be exercised until that person in fact is 12 years of
9 age.
10 (12) Seven-day nonresident small game license to persons
11 eligible to procure a nonresident hunting license. The
12 license shall be valid for a period of seven consecutive
13 days. The holder of the license shall be entitled to hunt
14 for, take or kill crows and small game.
15 (13) Antlerless deer licenses, bear licenses, archery
16 licenses, muzzleloader licenses and any other license
17 required to insure just and proper administration of this
18 title and sound game or wildlife conservation to eligible
19 persons, subject to the regulations, requirements and
20 conditions which the commission shall establish. Any such
21 license shall be made available to residents serving on
22 active duty in the armed forces of the United States or in
23 the United States Coast Guard without regard to quota
24 limitations or application deadlines.
25 (14) MIGRATORY GAME BIRD LICENSES FOR HUNTING ALL <--
26 MIGRATORY GAME BIRDS TO ELIGIBLE PERSONS, SUBJECT TO THE
27 REGULATIONS, REQUIREMENTS AND CONDITIONS WHICH THE COMMISSION
28 SHALL ESTABLISH. ANY SUCH LICENSE SHALL BE MADE AVAILABLE TO
29 RESIDENTS SERVING ON ACTIVE DUTY IN THE ARMED FORCES OF THE
30 UNITED STATES OR IN THE UNITED STATES COAST GUARD WITHOUT
19960H2463B3519 - 24 -
1 REGARD TO QUOTA LIMITATIONS OR APPLICATION DEADLINES.
2 § 2709. License costs and fees.
3 (a) License costs.--Any person who qualifies under the
4 provisions of this chapter shall be issued the applicable
5 license upon payment of the following costs and the issuing
6 agent's fee:
7 (1) Junior resident hunting and furtaker - $5.
8 (2) Adult resident hunting - $12.
9 (3) (i) Senior resident hunting - $10.
10 (ii) Senior lifetime resident hunting - $50.
11 (4) Bear hunting:
12 (i) Resident - $10.
13 (ii) Nonresident - $25.
14 (5) Antlerless deer, including resident military,
15 resident disabled veteran and landowner - $5.
16 (6) Archery deer - $5.
17 (7) Muzzleloader deer - $5.
18 (8) (Deleted by amendment).
19 (9) Adult nonresident hunting - $80.
20 (10) Junior nonresident hunting - $40.
21 (11) Seven-day nonresident small game - $15.
22 [(12) Junior resident furtakers - $5.]
23 (13) Adult resident furtakers - $12.
24 (14) (i) Senior resident furtakers - $10.
25 (ii) Senior lifetime resident furtaker - $50.
26 (15) Adult nonresident furtaker - $80.
27 (16) Junior nonresident furtaker - $40.
28 (17) Resident disabled veteran hunting or furtaker under
29 section 2706(b) (relating to disabled veterans) - no cost.
30 (18) Replacement license - $5. Antlerless deer and bear
19960H2463B3519 - 25 -
1 licenses shall be replaced by the original issuing agent
2 only.
3 (19) Owners or possessors of land open to public hunting
4 under section 2706(d) (relating to owners or possessors of
5 land open to public hunting) - $3.
6 (20) MIGRATORY GAME BIRD HUNTING LICENSE - ISSUING AGENT <--
7 FEE ONLY.
8 (b) Refunds.--Except as provided in section 501 (relating to
9 refund of moneys paid erroneously or unjustly), license fees are
10 not refundable.
11 (c) Agent fee.--Issuing agents shall be entitled to and may
12 retain as full compensation for their services an additional sum
13 of 75¢ for each license or replacement license.
14 Section 7 11. This act shall take effect as follows: <--
15 (1) The amendment or addition of 34 Pa.C.S. §§ 925,
16 929(a), (a.1) and (a.2), 2501, 2521, 2522, 2522.1, 2523, 2705
17 and 2709 shall take effect July 1, 1996.
18 (2) The amendment of 34 Pa.C.S. § 2312 shall take effect
19 in 60 days.
20 (3) The remainder of this act shall take effect
21 immediately.
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