34c901h

 

 

CHAPTER 9

ENFORCEMENT

 

Subchapter

A.  General Provisions

B.  Prosecution and Penalties

 

Enactment.  Chapter 9 was added July 8, 1986, P.L.442, No.93, effective July 1, 1987.

 

 

SUBCHAPTER A

GENERAL PROVISIONS

 

Sec.

901.  Powers and duties of enforcement officers.

902.  Deputy Game Commission officers.

903.  Delegation of enforcement powers.

904.  Resisting or interfering with an officer.

905.  Assaulting an officer (Repealed).

905.1. Assaulting an officer

906.  False or fraudulent statements on reports, etc.

907.  Vehicle operation to avoid identification or inspection.

908.  Reciprocal enforcement on Delaware River.

34c901s

§ 901.  Powers and duties of enforcement officers.

(a)  Powers.--Any officer whose duty it is to enforce this title or any officer investigating any alleged violation of this title shall have the power and duty to:

(1)  Enforce all laws of this Commonwealth relating to game or wildlife and arrest any person who has violated any of the provisions of this title while in pursuit of that person immediately following the violation.

(2)  Go upon any land or water outside of buildings, except curtilage, posted or otherwise, in the performance of the officer's duty.

(3)  Serve subpoenas issued under the provisions of this title or any other statute the officer is authorized to enforce.

(4)  Carry firearms or other weapons, concealed or otherwise, in the performance of the officer's duties.

(5)  Purchase and resell game or wildlife, or any part thereof, for the purpose of securing evidence.

(6)  Stop any means of transportation within this Commonwealth under reasonable suspicion or under the administrative procedures for road checkpoints. Any officer who stops any means of transportation shall be in uniform and present a badge or other means of official identification and state the purpose of the stop.

(7)  Search any person or means of transportation or its attachment or occupants, or any clothing worn by any person, or any bag, clothing or container under probable cause, consent, exigent circumstances or other established exceptions to warrant requirements, provided that if any person is present the officer presents a badge or other means of official identification and states the purpose of the search.

(8)  Conduct administrative inspections of persons, licenses and permits, firearms, ammunition and other implements of taking, game bags, game, meat poles, tags, clothing, waterfowl blinds, decoys, tree stands, immediate hunting locations, or any means of transportation or its attachments used as blinds or as hunting locations, and any coolers or containers possessed at a hunting location when prima facie evidence of hunting exists. Any officer conducting an administrative inspection shall, if any person is present, present a badge or other means of official identification and state the purpose of the inspection.

(9)  Secure and execute all warrants and search warrants for violations of this title or, with proper consent, to search or enter any building, dwelling, house, tavern, hotel, boardinghouse, enclosure, vehicle or craft or any attachments thereto, to open, by whatever means necessary, any door, compartment, chest, locker, box, trunk, bag, basket, package or container and to examine the contents thereof and seize any evidence or contraband found therein.

(10)  When making an arrest or an investigation or when found in the execution of a search warrant, seize and take possession of all game or wildlife or parts of game or wildlife which have been taken, caught, killed, had or held in possession, and seize all firearms, shooting or hunting paraphernalia, vehicles, boats, conveyances, traps, dogs, decoys, automotive equipment, records, papers, permits, licenses and all contraband or any unlawful device, implement or other appliance used in violation of any of the laws relating to game or wildlife.

(11)  Administer any oaths required by the provisions of this title or relative to any violation of any law relating to game or wildlife and, where game or wildlife is found in a camp or in possession or under control of any individual or hunting party, question the person or persons, under oath, relative to the taking, ownership or possession of the game or wildlife.

(12)  Operate or move any vehicle, permanently or temporarily equipped with a type of flashing or rotating red light or lights or audible device or both, approved by the commission, upon any street or highway within this Commonwealth when performing duties within the scope of employment.

(12.1)  Operate any vehicle owned or leased by the Commonwealth and used for law enforcement purposes, equipped with flashing or rotating lights of such color and combination and audible devices as authorized in the definition of "emergency vehicle" in 75 Pa.C.S. § 102 (relating to definitions) and approved by the commission, upon any street or highway within this Commonwealth when performing duties within the scope of employment. Drivers of Commonwealth-owned or Commonwealth-leased vehicles equipped with lights and audible devices as authorized in this subchapter may exercise the privileges and shall be subject to the conditions as set forth in 75 Pa.C.S. § 3105 (relating to drivers of emergency vehicles).

(13)  Demand and secure assistance when the officer deems it necessary.

(14)  Demand and secure identification from any person who is the subject of an official investigation or investigative detention, supported by reasonable suspicion, if the officer presents a badge or other means of official identification.

(15)  Enforce all the laws of this Commonwealth and regulations promulgated thereunder relating to fish, boats, parks and forestry and other environmental matters, under the direction of those agencies charged with the administration of these laws.

(16)  Require the holder of any license or permit required by this title or by commission regulation to sign the holder's name on a separate piece of paper in the presence of the requesting officer.

(17)  When acting within the scope of the officer's employment, pursue, apprehend or arrest any individual suspected of violating any provision of Title 18 (relating to crimes and offenses) or any other offense classified as a misdemeanor or felony. The officer shall also have the power to serve and execute warrants issued by the proper authorities for offenses referred to in this paragraph and to serve subpoenas issued for examination. All powers as provided for in this paragraph will be limited by such administrative procedure as the director, with the approval of the commission, shall prescribe. The regulations shall be promulgated within 90 days of the effective date of this paragraph.

(18)  When acting within the scope of the officer's employment and under the procedures outlined by the executive director, to use a facsimile in the enforcement of the provisions of this title and the regulations promulgated hereunder.

(19)  When acting within the scope of the officer's employment, have the discretion to issue written or verbal warnings in lieu of making arrests or issuing citations.

(b)  Use of protective materials.--Any officer whose duty it is to enforce this title shall comply with the procedures established by the executive director relating to the use of protective materials under section 2524 (relating to protective material required).

(b.1)  Exception to the prohibition of interception and disclosure of communications.--An officer whose duty it is to enforce this title and who has received training on the use of an electronic, mechanical or other device which has been approved under 18 Pa.C.S. § 5706(b)(4) (relating to exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices) in a course approved by the Pennsylvania State Police shall be an investigative or law enforcement officer as defined under 18 Pa.C.S. § 5702 (relating to definitions). Such officers may wear an electronic, mechanical or other device in the performance of their official duties. This subsection shall not apply to a deputy Game Commission officer or deputy wildlife conservation officer.

(c)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Officer's employment."  The period of time during which a wildlife conservation officer is currently engaged in an activity the officer is employed to perform at the time of the engagement and in places the officer is authorized to perform the activity.

34c901v

(Dec. 17, 1990, P.L.724, No.180, eff. 60 days; Dec. 19, 1996, P.L.1442, No.184, eff. 60 days; Dec. 21, 1998, P.L.1274, No.166, eff. imd.; June 28, 2002, P.L.474, No.79, eff. 60 days; Oct. 7, 2010, P.L.474, No.64, eff. 60 days; Feb. 4, 2014, P.L.20, No.8, eff. 60 days; Oct. 31, 2014, P.L.3043, No.202, eff. 60 days; Feb. 15, 2018, P.L.6, No.3, eff. 60 days)

 

2018 Amendment.  Act 3 amended subsec. (b.1).

2014 Amendments.  Act 8 added subsec. (a)(19) and Act 202 added subsec. (b.1).

2010 Amendment.  Act 64 amended subsec. (a)(2), (3), (6), (7), (8) and (14) and added subsec. (c).

2002 Amendment.  Act 79 amended subsec. (a).

1996 Amendment.  Act 184 added subsecs. (a) hdg. and (18) and (b).

Cross References.  Section 901 is referred to in section 902 of this title.