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PRINTER'S NO. 377
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
359
Session of
2017
INTRODUCED BY ENGLISH, KORTZ, SCHWEYER, McNEILL, GODSHALL,
MILLARD, IRVIN, READSHAW AND SAYLOR, FEBRUARY 7, 2017
REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 7, 2017
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, 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 2306(a) and (b) of Title 34 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 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.
(b) Restitution.--Restitution for killing or an attempted
killing by accident or mistake shall be as follows:
(1) Each deer - $25.
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(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
(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
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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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