| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY STABACK, BAKER, BELFANTI, BEYER, CALTAGIRONE, CARROLL, CREIGHTON, FAIRCHILD, GILLESPIE, GOODMAN, HALUSKA, KAUFFMAN, KOTIK, LEVDANSKY, LONGIETTI, McCALL, PEIFER, SIPTROTH, SOLOBAY, SWANGER, VULAKOVICH, WANSACZ, KORTZ AND CASORIO, JANUARY 28, 2009 |
| |
| |
| REFERRED TO COMMITTEE ON GAME AND FISHERIES, JANUARY 28, 2009 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Title 34 (Game) of the Pennsylvania Consolidated |
2 | Statutes, in preliminary provisions, further providing for |
3 | definitions; in enforcement, further providing for the |
4 | offense of assaulting an officer, for jurisdiction and |
5 | penalties, for revocation, suspension or denial of license, |
6 | permit or registration and for determination of second or |
7 | subsequent convictions; in game or wildlife protection, |
8 | further providing for endangered or threatened species; in |
9 | hunting and furtaking, further providing for killing game or |
10 | wildlife by mistake, for unlawful taking or possession of |
11 | game or wildlife, for unlawful use of lights while hunting, |
12 | for buying and selling game, for trespass on private property |
13 | while hunting, for unlawful killing or taking of big game and |
14 | for additional penalty for poaching; and, in hunting and |
15 | furtaking licenses, further providing for unlawful acts |
16 | concerning licenses. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. The definitions of "closed season," "open |
20 | season," "poaching" and "violation" in section 102 of Title 34 |
21 | of the Pennsylvania Consolidated Statutes are amended to read: |
22 | § 102. Definitions. |
23 | Subject to additional definitions contained in subsequent |
|
1 | provisions of this title which are applicable to specific |
2 | provisions of this title, the following words and phrases when |
3 | used in this title shall have the meanings given to them in this |
4 | section unless the context clearly indicates otherwise: |
5 | * * * |
6 | "Closed season." The periods of the calendar year and the |
7 | [shooting] hours during which it is unlawful to take game or |
8 | wildlife. |
9 | * * * |
10 | "Open season." The indicated periods of the calendar year |
11 | and the daily [shooting] hours during which game or wildlife may |
12 | be legally hunted, taken or killed and includes both the first |
13 | and the last day of the season or period of time designated by |
14 | this title or by regulation of the commission. |
15 | * * * |
16 | "Poaching." To unlawfully take, injure, kill or possess or |
17 | aid, abet, assist, attempt or conspire to hunt, take, injure, |
18 | kill or possess game or wildlife during closed season, beyond |
19 | established daily or season limits or by means of or as a result |
20 | of multiple violations of the provisions of this title or the |
21 | regulations promulgated thereunder. |
22 | * * * |
23 | "Violation." [A] Any act or act of omission in violation of |
24 | a provision of this title [and a violation of a] or any |
25 | regulation promulgated by the commission which implements or |
26 | otherwise pertains to any provision of this title. |
27 | * * * |
28 | Section 2. Sections 905, 925, 929(a) and (b), 932, 2167, |
29 | 2306, 2307(e), 2310(a)(2) and (c), 2312(a) and (d), 2314 and |
30 | 2321 of Title 34 are amended to read: |
|
1 | § 905. Assaulting an officer. |
2 | [A] Any person who intentionally, knowingly or recklessly |
3 | attempts to cause or causes bodily injury to an officer making |
4 | an arrest or investigation for a violation of this title or |
5 | performing any duties required by this title commits a |
6 | [misdemeanor] felony of the second degree. |
7 | § 925. Jurisdiction and penalties. |
8 | (a) Jurisdiction.--Notwithstanding the provisions of Title |
9 | 42 (relating to judiciary and judicial procedure), all |
10 | magisterial district judges shall have jurisdiction for all |
11 | violations of this title which are classified as summary |
12 | offenses and may accept guilty pleas and impose sentences for |
13 | violations of this title classified as misdemeanors. |
14 | (b) Fines and penalties for violations.--In addition to any |
15 | other requirements of this title, the following fines and |
16 | penalties shall be imposed for violations of this title: |
17 | (1) Felony of the second degree, not less than $10,000 |
18 | nor more than $25,000 and may be sentenced to imprisonment up |
19 | to 60 months. |
20 | (2) Felony of the third degree, not less than $10,000 |
21 | nor more than $15,000 and may be sentenced to imprisonment up |
22 | to 36 months. |
23 | [(1)] (3) Misdemeanor of the first degree, not less than |
24 | [$2,000] $5,000 nor more than $10,000 and may be sentenced to |
25 | imprisonment up to [six] 24 months. |
26 | [(2)] (4) Misdemeanor of the second degree, not less |
27 | than [$1,000] $3,000 nor more than $5,000 and may be |
28 | sentenced to imprisonment up to [six] 12 months. |
29 | [(3)] (5) Misdemeanor of the third degree, not less than |
30 | [$500] $1,500 nor more than [$2,500] $3,000 and may be |
|
1 | sentenced to imprisonment up to six months. |
2 | [(4)] (6) Summary offense of the first degree, not less |
3 | than [$500] $800 nor more than $1,500 and may be sentenced to |
4 | imprisonment up to three months. |
5 | [(5)] (7) Summary offense of the second degree, not less |
6 | than [$300] $500 nor more than $800 and may be sentenced to |
7 | imprisonment up to one month. |
8 | [(6)] (8) Summary offense of the third degree, not less |
9 | than [$200] $300 nor more than $500. |
10 | [(7)] (9) Summary offense of the fourth degree, not less |
11 | than [$100] $200 nor more than $300. |
12 | [(8)] (10) Summary offense of the fifth degree, not less |
13 | than [$75] $100 nor more than $200. |
14 | [(9)] (11) Summary offense of the sixth degree, [not |
15 | less than $50 nor more than $100] $75. |
16 | [(10)] (12) Summary offense of the seventh degree, [not |
17 | less than $25 nor more than $75] $50. |
18 | [(11)] (13) Summary offense of the eighth degree, $25. |
19 | (b.1) Costs of prosecution for violations.--In addition to |
20 | the imposition of any fines and penalties, costs of prosecution |
21 | shall [also] be assessed pursuant to 42 Pa.C.S. §§ 1725.1 |
22 | (relating to costs) and 3571 (relating to Commonwealth portion |
23 | of fines, etc.), and section 1403 of the act of August 9, 1955 |
24 | (P.L.323, No.130), known as The County Code, and as otherwise |
25 | deemed appropriate by the court. |
26 | (c) Penalty for undesignated violations.--A person who |
27 | violates any provision of this title for which a particular |
28 | penalty is not [applicable] designated commits: |
29 | (1) A misdemeanor of the [third] second degree if the |
30 | violation involves an endangered or threatened species and no |
|
1 | more severe penalty is fixed. |
2 | (2) A summary offense of the fifth degree for any other |
3 | violation. |
4 | (d) [Second and subsequent offenses.--Where game or wildlife |
5 | is taken, killed, wounded, possessed, transported, purchased, |
6 | concealed or sold and the offense is a second or subsequent |
7 | offense in a two-year period, one and one-half times the amount |
8 | of fine shall be imposed.] Enhanced penalties for certain |
9 | violations.--If applicable, one or more of the following may |
10 | apply to certain offenses: |
11 | (1) An additional fine of one and one-half times the |
12 | amount of the applicable fine may be imposed when the offense |
13 | involves the unlawful taking, killing, wounding, possession, |
14 | transportation, concealment, purchase or sale of game or |
15 | wildlife and the offense is a second or subsequent offense |
16 | within a ten-year period or during the same criminal episode. |
17 | (2) An additional fine of $500 may be imposed when the |
18 | offense involves the unlawful poaching of game or wildlife, |
19 | as defined under section 102 (relating to definitions). Any |
20 | additional fines imposed under this paragraph shall be |
21 | directed to the commission to compensate any witness whose |
22 | report directly results in a successful conviction. If |
23 | applicable, each witness, up to a maximum of two, shall be |
24 | compensated $250 for each additional $500 imposed. |
25 | (e) Installment payment of fines.--Upon a plea and proof |
26 | that a person is unable to pay any fine and costs imposed under |
27 | this title, a court may, in accordance with 42 Pa.C.S. § 9758 |
28 | (relating to fine), permit installment payments it considers |
29 | appropriate to the circumstances of the [defendant] person, in |
30 | which case its order shall specify when each installment payment |
|
1 | is due. |
2 | (f) Nonpayment of fines and costs.--Unless otherwise |
3 | provided in this title, each person who fails to pay [the fine] |
4 | any fines and costs imposed may, after hearing before a |
5 | magisterial district judge, be imprisoned until the [fine is] |
6 | fines and costs are paid in full. The court may imprison the |
7 | person for a number of days equal to one day for each $40 of the |
8 | unpaid balance of the [fine] fines and costs not to exceed [120 |
9 | days] 24 months. |
10 | (g) [Community public service] Adjudication alternative |
11 | program inapplicable.--The provisions of 42 Pa.C.S. § 1520 |
12 | (relating to [community public service] adjudication alternative |
13 | program) shall not be applied as an adjudication alternative for |
14 | any violation or offense under this title. |
15 | (h) Separate offenses.--Where game or wildlife is unlawfully |
16 | taken, killed, wounded, possessed, transported, purchased, |
17 | concealed or sold, each bird or animal or part thereof involved |
18 | in the violation constitutes a separate offense. |
19 | (i) Replacement costs.--In addition to the fines and costs |
20 | imposed for violations pursuant to subsection (b), the costs |
21 | incurred by the commission for the replacement of the species |
22 | involved in the violation shall be assessed by the magisterial |
23 | district judge in such amount as is fixed by regulation of the |
24 | commission. Replacement costs shall only be assessed for |
25 | violations relating to threatened or endangered species of North |
26 | American game or wildlife and such other species of Pennsylvania |
27 | game or wildlife as designated by the commission. |
28 | (j) Title 18 inapplicable.--Title 18 (relating to crimes and |
29 | offenses) is inapplicable to this title insofar as it relates |
30 | to: |
|
1 | (1) intent, willfulness of conduct or fines and |
2 | imprisonment for convictions of summary offenses and |
3 | misdemeanors; or |
4 | (2) criminal records under 18 Pa.C.S. Ch. 91 (relating |
5 | to criminal history record information) for misdemeanors |
6 | under section 2522(b)(1) (relating to shooting at or causing |
7 | injury to human beings). |
8 | § 929. Revocation, suspension or denial of license, permit or |
9 | registration. |
10 | (a) General rule.--Except as otherwise provided in this |
11 | title, any hunting or furtaking license, special license or |
12 | permit or registration granted under the authority of this title |
13 | may be denied, revoked or suspended by the commission when the |
14 | holder of the license, permit or registration is convicted of an |
15 | offense under this title or has acted contrary to the intent of |
16 | the registration or permit, with each offense constituting a |
17 | separate violation subject to separate revocation. The |
18 | commission may refuse to grant to that person any permit or |
19 | registration and may deny any privilege granted by these |
20 | documents for a period not exceeding five years unless otherwise |
21 | provided in this title. |
22 | * * * |
23 | (b) Regulations.--The commission may promulgate regulations |
24 | specifying the procedures to be followed in denying, revoking or |
25 | suspending any hunting and furtaking privileges, licenses, |
26 | permits and registrations granted under the provisions of this |
27 | title. |
28 | § 932. Determination of second or subsequent [convictions] |
29 | offenses. |
30 | Any person convicted or pleading guilty or signing an |
|
1 | acknowledgment of guilt under any provisions of this title who, |
2 | within the past [two] ten years, was convicted or pleaded guilty |
3 | or signed an acknowledgment of guilt for violating any of the |
4 | provisions of this title or the former laws relating to game or |
5 | wildlife then in force shall be sentenced under this title as a |
6 | second or subsequent offender. Any adjudication of delinquency, |
7 | juvenile consent decree, acceptance of Accelerated |
8 | Rehabilitative Disposition or other form of preliminary |
9 | disposition within the past ten years of the present violation |
10 | shall be considered for the purposes of determining a second or |
11 | subsequent offense. |
12 | § 2167. Endangered or threatened species. |
13 | (a) Changes to list.--The commission may, by regulation, add |
14 | or remove any wild bird or wild animal native to this |
15 | Commonwealth to or from the Pennsylvania native list of |
16 | endangered or threatened species. |
17 | (b) Possession, transportation, capturing or killing.-- |
18 | Except as otherwise provided in this title, it is unlawful for |
19 | any person, acting either for himself or as the representative |
20 | of another, to bring into or remove from this Commonwealth, or |
21 | to possess, transport, capture or kill, or attempt, aid, abet or |
22 | conspire to capture or kill, any wild bird or wild animal, or |
23 | any part thereof, or the eggs of any wild bird, which are |
24 | endangered or threatened species. It is the duty of every |
25 | officer having authority to enforce this title to seize all wild |
26 | birds or wild animals, or any part thereof, or the eggs of any |
27 | wild bird, which have been declared endangered or threatened. [A |
28 | violation of this subsection is a misdemeanor of the third |
29 | degree. All wild birds or wild animals, or any part thereof, or |
30 | the eggs seized which are found to be in violation of this |
|
1 | subsection are contraband.] |
2 | (c) Purchase, sale, barter or exchange.--Except as otherwise |
3 | provided in this title, it is unlawful for any person, acting |
4 | either for himself or as a representative of another, at any |
5 | time to buy, sell, barter or exchange, or to offer for sale or |
6 | barter, or to have in possession for sale or barter, or to aid, |
7 | abet or conspire in the possession, sale, barter or exchange, or |
8 | to give away any endangered or threatened species or subspecies |
9 | of wild birds or wild animals, or parts thereof. It is the duty |
10 | of every officer having authority to enforce this title to seize |
11 | all endangered or threatened wild birds or wild animals, or any |
12 | part thereof. [A violation of this subsection is a misdemeanor |
13 | of the second degree. All wild birds or wild animals, or any |
14 | part thereof, found to be in violation of this subsection are |
15 | contraband.] This subsection shall not be construed to permit |
16 | any individual or agency other than the commission to sell the |
17 | skins or parts of game or wildlife or the plumage or parts of |
18 | birds killed as a protection to crops or accidentally killed |
19 | upon the highways or seized as contraband. |
20 | (d) Penalties.--Except as otherwise provided below, a |
21 | violation of this section is a misdemeanor of the second degree |
22 | and results in forfeiture of the privilege to hunt or take |
23 | wildlife anywhere within this Commonwealth for a period of ten |
24 | years. A second or subsequent violation of this section within a |
25 | ten-year period or during the same criminal episode is a felony |
26 | of the third degree, and shall result in forfeiture of the |
27 | privilege to hunt or take wildlife anywhere within this |
28 | Commonwealth for a period of 15 years. |
29 | § 2306. Killing game or wildlife by mistake. |
30 | (a) General rule.--Any person who, while hunting or trapping |
|
1 | for game or wildlife which may be lawfully taken, by accident or |
2 | mistake kills or attempts to kill any game or wildlife other |
3 | than bears, elk or threatened or endangered species, contrary to |
4 | the provisions of this title, shall pay restitution pursuant to |
5 | subsection (b) to an officer of the commission. [The person |
6 | shall immediately remove all the entrails of any edible game or |
7 | wildlife, deliver the entire carcass, less entrails, to any |
8 | commission officer in the county in which killed for disposition |
9 | and make a written sworn statement explaining when, where and |
10 | how the accident or mistake occurred.] |
11 | (b) Restitution.--Restitution for killing or an attempted |
12 | killing by accident or mistake shall be as follows: |
13 | (1) Each deer - $25. |
14 | (2) Each turkey - $20. |
15 | (3) Each other wild bird or wild animal, other than a |
16 | bear, elk or an endangered or threatened species - $15. |
17 | (c) [Additional action.--If the officer receiving the |
18 | payment and written statement after further review and |
19 | investigation is not satisfied the killing or attempted killing |
20 | was an accident or a mistake but was caused by negligence or |
21 | carelessness or if the person fails to pay the prescribed |
22 | restitution within ten days, the officer shall cause the person |
23 | to be prosecuted for the unlawful killing or attempted killing |
24 | of game or wildlife, and, if convicted, any amount paid shall be |
25 | applied to the payment of the penalty and costs.] Procedural |
26 | requirements.--Any person claiming a mistake kill or attempted |
27 | kill of game or wildlife pursuant to this section shall: |
28 | (1) Immediately remove all of the entrails of any edible |
29 | game or wildlife and, if big game, tag the animal in the |
30 | manner prescribed under section 2323 (relating to tagging and |
|
1 | reporting big game kills). |
2 | (2) Within 12 hours after the killing or attempted |
3 | killing, report the same to the appropriate commission |
4 | regional office. |
5 | (3) Within 24 hours after the killing or attempted |
6 | killing, deliver the entire carcass, less entrails, to any |
7 | commission officer in the county in which killed for |
8 | disposition and provide a written, sworn statement to the |
9 | commission officer explaining when, where and how the |
10 | accident or mistake occurred. |
11 | (4) Within ten days after the killing or attempted |
12 | killing, provide the commission officer full payment of |
13 | restitution. |
14 | (d) Carelessness or negligence; noncompliance with |
15 | procedural requirements.--If, after further review and |
16 | investigation, the commission determines that the killing or |
17 | attempted killing was the result of negligence or carelessness |
18 | and not an accident or a mistake or that the individual has not |
19 | complied with the procedural requirements in accordance with |
20 | subsection (c), the commission shall cause the person to be |
21 | prosecuted for the unlawful killing or attempted killing of game |
22 | or wildlife under section 2307 (relating to unlawful taking or |
23 | possession of game or wildlife) and, if convicted, any amount |
24 | paid shall be applied to the penalty and costs. |
25 | § 2307. Unlawful taking or possession of game or wildlife. |
26 | * * * |
27 | (e) Penalties.--A violation of this section relating to: |
28 | (1) Threatened or endangered species is a misdemeanor of |
29 | the second degree. |
30 | (2) Elk or bear is a summary offense of the first |
|
1 | degree. |
2 | (3) Deer is a summary offense of the second degree. |
3 | (3.1) Deer killed as a result of negligence or |
4 | carelessness as provided for in section [2306(c)] 2306(d) |
5 | (relating to killing game or wildlife by mistake) is a |
6 | summary offense [punishable by a fine of not less than $100 |
7 | nor more than $500] of the fifth degree. |
8 | (4) Bobcat or otter is a summary offense of the third |
9 | degree. |
10 | (5) Wild turkey or beaver is a summary offense of the |
11 | fourth degree. |
12 | (6) Any other game or wildlife is a summary offense of |
13 | the fifth degree. |
14 | * * * |
15 | § 2310. Unlawful use of lights while hunting. |
16 | (a) General rule.--Except as set forth in subsection (b), it |
17 | is unlawful for any person or group of persons to engage in any |
18 | of the following activities to any degree: |
19 | * * * |
20 | (2) [Aid] Act, aid, assist or conspire either in the |
21 | killing or taking or in an attempt to kill, take, possess, |
22 | transport or conceal any game or wildlife or a part thereof |
23 | which has been killed or taken by use of any artificial |
24 | light. |
25 | * * * |
26 | (c) Penalties.--[A violation of this section is a summary |
27 | offense of the fifth degree. In addition thereto, if any person |
28 | is hunting game or wildlife or if any attempt is made to take |
29 | any game or wildlife, the person or persons shall be sentenced |
30 | to the additional penalties of: |
|
1 | (1) For each endangered or threatened species, a fine of |
2 | $1,000 and forfeiture of the privilege to hunt or take game |
3 | or wildlife anywhere within this Commonwealth for a period of |
4 | ten years. |
5 | (2) For each elk or bear, a fine of $800 and forfeiture |
6 | of the privilege to hunt or take game or wildlife anywhere |
7 | within this Commonwealth for a period of five years. |
8 | (3) For each deer, a fine of $500 and forfeiture of the |
9 | privilege to hunt or take game or wildlife anywhere within |
10 | this Commonwealth for a period of three years. |
11 | (4) For each bobcat or otter, a fine of $300 and |
12 | forfeiture of the privilege to hunt or take game or wildlife |
13 | anywhere within this Commonwealth for a period of three |
14 | years. |
15 | (5) For each turkey or beaver, a fine of $200 and |
16 | forfeiture of the privilege to hunt or take game or wildlife |
17 | anywhere within this Commonwealth for a period of two years. |
18 | (6) For each other bird or animal, a fine of $100 and |
19 | forfeiture of the privilege to hunt or take game or wildlife |
20 | anywhere within this Commonwealth for a period of one year.] |
21 | (1) A violation of subsection (a)(1) is a summary |
22 | offense of the fifth degree. |
23 | (2) A violation of subsection(a)(2) or (3) relating to: |
24 | (i) Threatened or endangered species is a |
25 | misdemeanor of the second degree and results in |
26 | forfeiture of the privilege to hunt or take game or |
27 | wildlife anywhere within this Commonwealth for a period |
28 | of ten years. A second or subsequent violation of this |
29 | section within a ten-year period or during the same |
30 | criminal episode is a felony of the third degree, and |
|
1 | shall result in forfeiture of the privilege to hunt or |
2 | take game or wildlife anywhere within this Commonwealth |
3 | for a period of 15 years. |
4 | (ii) Big game animals is a misdemeanor of the third |
5 | degree and results in forfeiture of the privilege to hunt |
6 | or take game or wildlife anywhere within this |
7 | Commonwealth for a period of five years if the violation |
8 | is a first offense or a second offense during the same |
9 | criminal episode. A third or fourth violation of this |
10 | section during the same criminal episode is a misdemeanor |
11 | of the first degree, and shall result in the forfeiture |
12 | of the privilege to hunt or take game or wildlife |
13 | anywhere within this Commonwealth for a period of ten |
14 | years. A second or subsequent violation of this section |
15 | within a ten-year period or a fifth or subsequent |
16 | violation of this section during the same criminal |
17 | episode is a felony of the third degree, and shall result |
18 | in forfeiture of the privilege to hunt or take game or |
19 | wildlife anywhere within this Commonwealth for a period |
20 | of 15 years. |
21 | (iii) Any other game or wildlife is a summary |
22 | offense of the first degree and results in the forfeiture |
23 | of the privilege to hunt or take game or wildlife |
24 | anywhere within this Commonwealth for a period of three |
25 | years. |
26 | * * * |
27 | § 2312. Buying and selling game. |
28 | (a) General rule.--Unless otherwise provided, it is unlawful |
29 | for any person to buy, sell or barter, or aid, abet, assist or |
30 | conspire to buy, sell or barter, or offer for sale or barter, or |
|
1 | have in possession or transport for sale or barter, any game or |
2 | the edible parts of game or any protected bird or animal or |
3 | parts of any protected bird or animal. |
4 | * * * |
5 | (d) Penalty.--A violation of this section relating to: |
6 | [(1) Elk or bear is a summary offense of the first |
7 | degree and results in forfeiture of the privilege to hunt or |
8 | take wildlife anywhere within this Commonwealth for a period |
9 | of five years. |
10 | (2) Deer is a summary offense of the second degree and |
11 | results in forfeiture of the privilege to hunt or take game |
12 | or wildlife anywhere within this Commonwealth for a period of |
13 | three years. |
14 | (3) Bobcat or otter is a summary offense of the third |
15 | degree and results in forfeiture of the privilege to hunt or |
16 | take game or wildlife anywhere within this Commonwealth for a |
17 | period of three years. |
18 | (4) Wild turkey or beaver is a summary offense of the |
19 | fourth degree and results in forfeiture of the privilege to |
20 | hunt or take game or wildlife anywhere within this |
21 | Commonwealth for a period of two years. |
22 | (5) Each other wild bird or wild animal is a summary |
23 | offense of the fifth degree and results in forfeiture of the |
24 | privilege to hunt or take game or wildlife anywhere within |
25 | this Commonwealth for a period of one year.] |
26 | (1) Threatened or endangered species is a misdemeanor of |
27 | the second degree and results in forfeiture of the privilege |
28 | to hunt or take game or wildlife anywhere within this |
29 | Commonwealth for a period of ten years. A second or |
30 | subsequent violation of this section within a ten-year period |
|
1 | or during the same criminal episode is a felony of the third |
2 | degree, and shall result in forfeiture of the privilege to |
3 | hunt or take game or wildlife anywhere within this |
4 | Commonwealth for a period of 15 years. |
5 | (2) Big game animals is a misdemeanor of the third |
6 | degree and results in forfeiture of the privilege to hunt or |
7 | take game or wildlife anywhere within this Commonwealth for a |
8 | period of five years if the violation is a first offense or a |
9 | second offense during the same criminal episode. A third or |
10 | fourth violation of this section during the same criminal |
11 | episode is a misdemeanor of the first degree and shall result |
12 | in the forfeiture of the privilege to hunt of take game or |
13 | wildlife anywhere within this Commonwealth for a period of |
14 | ten years. A second or subsequent violation of this section |
15 | within a ten-year period or a fifth or subsequent violation |
16 | of this section during the same criminal episode is a felony |
17 | of the third degree, and shall result in forfeiture of the |
18 | privilege to hunt or take game or wildlife anywhere within |
19 | this Commonwealth for a period of 15 years. |
20 | (3) Any other game or wildlife is a summary offense of |
21 | the first degree and results in the forfeiture of the |
22 | privilege to hunt or take game or wildlife anywhere within |
23 | this Commonwealth for a period of three years. |
24 | § 2314. Trespass on private property while hunting. |
25 | (a) General rule.--Any person who while violating any |
26 | provision of this title or any regulations promulgated under |
27 | this title and who in addition is found to be trespassing as |
28 | defined in 18 Pa.C.S. § 3503 (relating to criminal trespass) |
29 | shall be in violation of this section. |
30 | (b) Penalty.--A violation of this section: |
|
1 | (1) [For a first offense is a summary offense.] A |
2 | violation of this section is a summary offense of the fifth |
3 | degree. |
4 | (2) [For a second or subsequent offense within one year |
5 | of the prior offense is a summary offense and upon conviction |
6 | will result in an immediate revocation of the person's |
7 | hunting and furtaking license and disqualification of the |
8 | person from issuance of a future license for a period of one |
9 | year from the date of revocation.] A second or subsequent |
10 | violation of this section within a ten-year period is a |
11 | summary offense of the fifth degree and results in forfeiture |
12 | of the privilege to hunt or take game or wildlife anywhere |
13 | within this Commonwealth for a period of one year. |
14 | § 2321. Unlawful killing or taking of big game. |
15 | (a) General rule.--Except as provided in this title or by |
16 | regulation of the commission, it is unlawful for any person to: |
17 | (1) [Kill or take or attempt or conspire to kill or take |
18 | in any manner more than the lawful number of big game animals |
19 | which may be taken in any license year.] Take, injure, kill, |
20 | possess or transport or aid, abet, assist, attempt or |
21 | conspire in any manner to take, injure, kill, possess or |
22 | transport any big game animal during closed season. |
23 | (2) [Possess or transport in any manner any big game |
24 | which was unlawfully killed or taken.] Take, injure, kill, |
25 | possess or transport or aid, abet, assist, attempt or |
26 | conspire in any manner to take, injure, kill, possess or |
27 | transport any big game animal beyond established daily or |
28 | season limits. |
29 | [(3) Assist, aid or abet or conspire to assist, aid or |
30 | abet in any manner any other person in the violation of |
|
1 | paragraph (1) or (2).] |
2 | (b) Exception.--This section shall not be construed to |
3 | prohibit the transportation or possession of one or more big |
4 | game animals which are lawfully killed and properly tagged. |
5 | (c) Evidence of unlawful killing.--Unless the head is |
6 | attached in a natural manner and properly tagged as provided in |
7 | section 2323 (relating to tagging and reporting big game kills), |
8 | the possession, transportation or control of any big game or a |
9 | part or parts of such big game shall be prima facie evidence |
10 | that the big game was unlawfully killed within this |
11 | Commonwealth. Under such circumstances, the person possessing, |
12 | transporting or controlling the big game shall immediately, upon |
13 | demand of an officer of the commission, produce the head of the |
14 | big game or the name and address of the person killing the big |
15 | game or other satisfactory evidence that the carcass in |
16 | possession or under the person's control is part of a lawfully |
17 | taken big game. |
18 | (d) Penalty.-- |
19 | [(1) A violation of this section relating to bear or elk |
20 | is a summary offense of the first degree. |
21 | (2) A violation of this section relating to deer is a |
22 | summary offense of the second degree. |
23 | (3) A violation of this section relating to wild turkey |
24 | is a summary offense of the fourth degree. |
25 | (4) Each bird or animal or part thereof involved in a |
26 | violation constitutes a separate offense.] |
27 | (1) A violation of this section or a second violation of |
28 | this section during the same criminal episode is a |
29 | misdemeanor of the third degree, and shall result in |
30 | forfeiture of the privilege to hunt or take game or wildlife |
|
1 | anywhere within this Commonwealth for a period of five years. |
2 | (2) A third or fourth violation of this section during |
3 | the same criminal episode is a misdemeanor of the first |
4 | degree, and shall result in forfeiture of the privilege to |
5 | hunt or take game or wildlife anywhere within this |
6 | Commonwealth for a period of ten years. |
7 | (3) A second or subsequent violation of this section |
8 | within a ten-year period or a fifth or subsequent violation |
9 | of this section during the same criminal episode is a felony |
10 | of the third degree, and shall result in forfeiture of the |
11 | privilege to hunt or take game or wildlife anywhere within |
12 | this Commonwealth for a period of 15 years. |
13 | Section 3. Section 2329 of Title 34 is repealed: |
14 | [§ 2329. Additional penalty for poaching. |
15 | (a) Additional penalty.--A person who violates this chapter |
16 | by illegally poaching any big game or threatened or endangered |
17 | species shall, in addition to any other penalty imposed, be |
18 | sentenced to pay a fine of $200 for each big game animal or each |
19 | threatened or endangered species illegally poached. Any fines |
20 | collected under this subsection shall be paid over to the |
21 | commission for use in maintaining the toll-free telephone number |
22 | under subsection (b) and to compensate callers whose reports led |
23 | to payment of a fine under this subsection. Each caller shall be |
24 | compensated $100 for each $200 collected as a result of the |
25 | caller's report. |
26 | (b) Report of violations.--The commission shall establish |
27 | and maintain a toll-free telephone number to report poaching of |
28 | big game or threatened or endangered species. Reports of |
29 | poaching of big game or threatened or endangered species are |
30 | confidential. No persons other than employees of the commission |
|
1 | in the course of official duties in connection with poaching |
2 | reports shall have access to identifying information relating to |
3 | the caller.] |
4 | Section 4. Section 2711(a)(4) and (b) of Title 34 are |
5 | amended to read: |
6 | § 2711. Unlawful acts concerning licenses. |
7 | (a) General rule.--Except as otherwise provided in this |
8 | title, it is unlawful for any person to: |
9 | * * * |
10 | (4) Issue, acquire or aid, assist or conspire, either |
11 | for that person or any other person, in procuring any hunting |
12 | or furtaking license for which that person is not legally |
13 | entitled thereto. |
14 | * * * |
15 | (b) Penalties.--A violation of this subchapter relating to: |
16 | [(1) Hunting by a nonresident without a valid license or |
17 | licenses required by this title is a summary offense of the |
18 | fourth degree. |
19 | (2) Furtaking by a nonresident without a valid furtaking |
20 | license or licenses required by this title is a summary |
21 | offense of the second degree. |
22 | (3) Hunting or furtaking by a resident without a valid |
23 | license or licenses required by this title is a summary |
24 | offense of the fifth degree. |
25 | (4) Subsection (a)(1) insofar as it relates to signing |
26 | or displaying a license is a summary offense of the eighth |
27 | degree. |
28 | (5) Subsection (a)(2), (3), (4), (5) or (9) is a summary |
29 | offense of the fifth degree. |
30 | (6) Subsection (a)(6), (7) or (8) is a summary offense |
|
1 | of the seventh degree. |
2 | (7) Subsection (a)(11) is a summary offense of the third |
3 | degree. In addition to the imposition of any penalty, a |
4 | convicted violator shall incur a five-year mandatory |
5 | revocation of the privilege to hunt or trap anywhere in this |
6 | Commonwealth. |
7 | (8) Any of the other provisions of this subchapter or |
8 | the regulations promulgated thereunder is a summary offense |
9 | of the fifth degree.] |
10 | (1) Subsection (a)(1) insofar as it relates to hunting |
11 | or furtaking without a valid license or licenses required is |
12 | a summary offense of the third degree. |
13 | (2) Subsection (a)(1) insofar as it relates to signing |
14 | or displaying a license is a summary offense of the eighth |
15 | degree. |
16 | (3) Subsection (a)(2), (3), (4), (5), (9) or (12) is a |
17 | summary offense of the fifth degree. |
18 | (4) Subsection (a)(6), (7) or (8) is a summary offense |
19 | of the seventh degree. |
20 | (5) Subsection (a)(10) or (11) is a summary offense of |
21 | the first degree and results in forfeiture of the privilege |
22 | to hunt or take game or wildlife anywhere within this |
23 | Commonwealth for a period of five years. |
24 | (6) Any of the other provisions of this subchapter or |
25 | the regulations promulgated thereunder is a summary offense |
26 | of the fifth degree. |
27 | * * * |
28 | Section 5. This act shall take effect in 60 days. |
|