PRINTER'S NO. 431
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
446
Session of
2019
INTRODUCED BY B. MILLER, DIAMOND, BERNSTINE, ZIMMERMAN, HILL-
EVANS, JOZWIAK, GOODMAN, FREEMAN, RADER, SCHEMEL, DeLUCA,
HERSHEY, SANKEY, EVERETT AND IRVIN, FEBRUARY 11, 2019
REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 11, 2019
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in hunting and furtaking, further providing for the
offense of trespass on private property while hunting.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2314 of Title 34 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2314. Trespass on private property while hunting.
[(a) General rule.--Any person who while violating any
provision of this title or any regulations promulgated under
this title and who in addition is found to be trespassing as
defined in 18 Pa.C.S. § 3503 (relating to criminal trespass)
shall be in violation of this section.
(b) Penalty.--A violation of this section:
(1) A violation of this section is a summary offense of
the fifth degree.
(2) A second or subsequent violation of this section
within a seven-year period is a summary offense of the fifth
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degree and may result in forfeiture of the privilege to hunt
or take game or wildlife anywhere within this Commonwealth
for a period of one year.]
(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.
(b) Penalty.--An offense under this section shall be graded
as follows:
(1) A person who violates subsection (a)(1) commits a
summary offense of the third degree.
(2) A person who violates subsection (a)(2) commits a
misdemeanor.
(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.
Section 2. This act shall take effect in 60 days.
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