PRINTER'S NO. 4224
No. 2797 Session of 2002
INTRODUCED BY SCRIMENTI, WASHINGTON, BELFANTI, G. WRIGHT,
YOUNGBLOOD, CREIGHTON, HERSHEY, E. Z. TAYLOR, GEIST, HORSEY,
JAMES, SAINATO, HARHAI, J. WILLIAMS, STEELMAN, PALLONE AND
BEBKO-JONES, JULY 15, 2002
REFERRED TO COMMITTEE ON GAME AND FISHERIES, JULY 15, 2002
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing for dogs pursuing game or
3 wildlife.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 2383, 2384 and 2386 of Title 34 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 2383. Dogs pursuing, injuring or killing big game animals.
9 [It] (a) General rule.--Except as provided in subsection
10 (b), it is unlawful for any person to make use of a dog in any
11 manner to hunt for or to take any big game animal or to permit a
12 dog owned, controlled or harbored by that person to pursue,
13 harass, chase, scatter, injure or kill any big game animal.
14 (b) Exception.--This section shall not apply to any person
15 who uses a dog that is licensed under the act of December 7,
16 1982 (P.L.784, No.225), known as the Dog Law, to track any big
17 game animal that is wounded or killed during hunting as
1 determined by commission regulation. The commission shall by
2 regulation authorize the use of such dogs by persons certified
3 by the commission to track and find dead, wounded or injured big
4 game animals.
5 § 2384. Declaring dogs public nuisances.
6 [Any] Except as provided in section 2383(b)(relating to dogs
7 pursuing, injuring or killing big game animals), any dog
8 pursuing or following upon the track of any big game animal in
9 such close pursuit as to endanger the big game animal or to be
10 in the act of attacking the big game animal at any time is
11 hereby declared to be a public nuisance and may be destroyed as
12 provided in this title.
13 § 2386. Penalties.
14 (a) General penalty.--Except as provided in subsection (b),
15 a violation of this subchapter is a summary offense of the fifth
16 degree.
17 (b) Specific penalties.--
18 (1) A violation of section 2382(b)(3) (relating to
19 training dogs on small game) is a summary offense of the
20 fourth degree. In addition to the imposition of a penalty,
21 the violator shall also be liable for the replacement costs
22 of the game or wildlife killed or injured as determined by
23 commission regulations.
24 (2) A violation of section 2383 (relating to dogs
25 pursuing, injuring or killing big game animals) is a summary
26 offense of the third degree. In addition to the imposition of
27 a penalty, the violator shall also be liable for the
28 replacement costs of the game or wildlife killed or injured
29 as determined by commission regulation.
30 (c) Second or subsequent conviction.--Any conviction for a
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1 second or subsequent offense shall result in a fine that is
2 double the amount for the first offense.
3 Section 2. This act shall take effect in 60 days.
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