SENATE AMENDED
PRIOR PRINTER'S NO. 1371
PRINTER'S NO. 3862
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1185
Session of
2019
INTRODUCED BY MENTZER, BENNINGHOFF, GILLESPIE, KORTZ, MURT,
BERNSTINE, MILLARD, PICKETT, READSHAW, FEE, DeLUCA,
ZIMMERMAN, NEILSON, ECKER, BOBACK, HICKERNELL, GREINER,
B. MILLER, GILLEN AND DELLOSO, APRIL 10, 2019
SENATOR LAUGHLIN, GAME AND FISHERIES, IN SENATE, AS AMENDED,
MAY 27, 2020
AN ACT
Amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, in property and waters, further providing for the
offense of damage to property; in protection of property and
waters, further providing for the offense of littering; IN
FISHING LICENSES, FURTHER PROVIDING FOR FORM AND EXPIRATION
OF LICENSES; in preliminary provisions relating to boats and
boating, further providing for boating education; and, in
operation of boats, further providing for the offense of
operating watercraft under influence of alcohol or controlled
substance and providing for the offense of aggravated assault
by watercraft.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 703 and 2503(c) of Title 30 of the
Pennsylvania Consolidated Statutes are amended to read:
SECTION 1. SECTIONS 703, 2503(C) AND 2710 OF TITLE 30 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
§ 703. Damage to property.
(a) Unlawful act.--It is unlawful to intentionally or
recklessly destroy or cause damage to property owned, leased or
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otherwise controlled by the commission or any improvements
thereon. Any person who intentionally causes pecuniary loss in
excess of $5,000 commits a felony of the third degree. Any
person who intentionally causes pecuniary loss in excess of
$1,000 commits a misdemeanor of the second degree. Any person
who intentionally or recklessly causes pecuniary loss in excess
of $500 commits a misdemeanor of the third degree. Otherwise
destroying or causing damage to commission property or any
improvements thereon is a summary offense of the first degree.
(b) Restitution.--A person who intentionally or recklessly
destroys or causes damages to commission property, or an
improvement on commission property, shall, upon conviction, make
restitution in addition to paying the penalty under section 923
(relating to classification of offenses and penalties).
Restitution shall be based on the total cost to repair or
replace the destroyed or damaged property or improvement.
§ 2503. Littering.
* * *
(c) Penalty.--Any person who deposits or otherwise disposes
of a thing or substance in violation of this section which
causes or may cause damage to, or destruction of, fish commits a
summary offense of the first degree. Any person who transports
household refuse or garbage from another location and disposes
of it by leaving it on lands or waters open to fishing or
boating commits a summary offense of the second degree. Any
person who otherwise violates this section commits a summary
offense of the third degree. In addition to the penalties set
forth in section 923 (relating to classification of offenses and
penalties), an additional penalty of not less than $20 nor more
than $50 for each item or piece of litter thrown, discarded,
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left, emitted or deposited in violation of this section may be
imposed on any person who is convicted or acknowledges guilt of
a violation of this section. In addition to the penalties under
section 923, a person who is convicted or acknowledges guilt of
a violation of this section shall be liable to pay, upon demand
of the person having legal control of the land or water, a sum
equal to the cost of disposal of the discarded item.
§ 2710. FORM AND EXPIRATION OF LICENSES.
ALL LICENSES SHALL BE ISSUED ON FORMS PREPARED AND SUPPLIED
BY THE COMMISSION AND PAID FOR FROM THE FISH FUND. THE LICENSE
SHALL SHOW THE NAME, AGE AND RESIDENCE OF THE LICENSEE AND THE
DATE OF ISSUE. IT SHALL ALSO CONTAIN THE SIGNATURE OF THE
LICENSEE[, WRITTEN IN INK,] AND SHALL AUTHORIZE THE LICENSEE TO
FISH IN ANY WATERS OF THIS COMMONWEALTH OR IN ANY BOUNDARY
WATERS SUBJECT TO THE RESTRICTIONS AND REQUIREMENTS OF THIS
TITLE AND THE RULES AND REGULATIONS PROMULGATED THEREUNDER. THE
LICENSE MAY CONTAIN SUCH OTHER INFORMATION AS THE COMMISSION MAY
REQUIRE. EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, A LICENSE
SHALL EXPIRE ON DECEMBER 31 OF THE YEAR FOR WHICH IT IS ISSUED.
THERE MAY BE ISSUED WITH EACH LICENSE A LICENSE BUTTON OR OTHER
DEVICE BEARING THE LICENSE NUMBER.
Section 2. Section 5103(a) and (j) of Title 30 are amended
and the section is amended by adding a subsection to read:
§ 5103. Boating education.
(a) Mandatory program of boater education.--Except as
otherwise provided in this section, [on or after January 1,
2003,] any person born on or after January 1, 1982, shall not
operate, on the waters of this Commonwealth, a motorboat without
first obtaining a certificate of boating safety education.
* * *
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(j) Penalty.--[On or after January 1, 2003, a person who is
subject to the provisions of subsection (a) and who operates, on
waters of this Commonwealth, a motorboat in violation of any
requirement of this section commits a summary offense of the
second degree.]
(1) A person who is subject to the provisions of
subsection (a) and who operates a motorboat on waters of this
Commonwealth without first obtaining a certificate of boating
safety education commits a summary offense of the second
degree.
(2) A person who is subject to the provisions of
subsection (a) and who operates a motorboat on waters of this
Commonwealth without having a valid certificate of boating
safety education in the person's possession commits a summary
offense of the fourth degree.
* * *
(l) Boating without a certificate on board.--If a person who
is subject to the provisions of subsection (a) is operating a
motorboat without a certificate of boating safety education in
the person's possession and claims that the person has obtained
a certificate of boating safety education, the waterways
conservation officer or other law enforcement officer shall give
the operator seven days to produce the original certificate. If
it is inconvenient for the operator to produce the certificate
in person, the officer may permit the operator to mail the
original certificate to the officer for verification. If the
operator fails to send the original certificate within the
seven-day period, the officer may institute summary proceeding
against the operator in the manner prescribed by law.
Section 3. Sections 5502(b), (b.1), (b.2), (c), (c.1), (d),
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(g), (j), (m) and (n) of Title 30 are amended to read:
§ 5502. Operating watercraft under influence of alcohol or
controlled substance.
* * *
(b) Authorized use not a defense.--The fact that any
[person] individual charged with violating this section is or
has been legally entitled to use alcohol or controlled
substances is not a defense to a charge of violating this
section.
(b.1) Certain arrests authorized.--In addition to any other
powers of arrest, an officer authorized to enforce this title is
hereby authorized to arrest without a warrant any [person]
individual who the officer has probable cause to believe has
violated the provisions of this section, regardless of whether
the alleged violation was committed in the presence of such
officer. This authority to arrest extends to any hospital or
other medical treatment facility located beyond the territorial
limits of the officer's political subdivision where the [person]
individual to be arrested is found or was taken for purposes of
emergency treatment, examination or evaluation, provided there
is probable cause to believe that the violation of this section
occurred within the police officer's political subdivision.
(b.2) Certain disposition prohibited.--The attorney for the
Commonwealth shall not submit a charge brought under this
section for Accelerated Rehabilitative Disposition if:
(1) The defendant has been found guilty of or accepted
Accelerated Rehabilitative Disposition of a charge brought
under this section or 75 Pa.C.S. § 3802 (relating to driving
under influence of alcohol or controlled substance) within
[seven] 10 years of the date of the current offense unless
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the charge was for an ungraded misdemeanor under 75 Pa.C.S. §
3802(a)(2) and was the defendant's first offense under this
section or 75 Pa.C.S. § 3802.
(2) An accident occurred in connection with the events
surrounding the current offense and any [person] individual
other than the defendant was killed or seriously injured as a
result of the accident.
(3) There was a passenger under 14 years of age in the
watercraft the defendant was operating.
(c) Grading.--
(1) Notwithstanding the provisions of paragraph (2):
(i) An individual who violates subsection (a) and
who has no more than one prior offense commits a
misdemeanor for which the individual may be sentenced to
a term of imprisonment for not more than six months and
to pay a fine under subsection (c.1).
(ii) An individual who violates subsection (a) and
who has more than one prior offense commits a misdemeanor
of the second degree.
(2) (i) An individual who violates subsection (a)(1)
where there was an accident resulting in bodily injury,
serious bodily injury or death of any [person] individual
or in damage to a watercraft or other property and who
has no more than one prior offense commits a misdemeanor
for which the individual may be sentenced to a term of
imprisonment for not more than six months and to pay a
fine under subsection (c.1).
(ii) An individual who violates subsection (a.1) or
(a.4) and who has no more than one prior offense commits
a misdemeanor for which the individual may be sentenced
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to a term of imprisonment for not more than six months
and to pay a fine under subsection (c.1).
(iii) An individual who violates subsection (a)(1)
where the individual refused testing of blood or breath
and who has no prior offenses commits a misdemeanor for
which the individual may be sentenced to a term of
imprisonment for not more than six months and to pay a
fine under subsection (c.1).
(iv) An individual who violates subsection (a.2) or
(a.3) and who has no prior offenses commits a misdemeanor
for which the individual may be sentenced to a term of
imprisonment for not more than six months and to pay a
fine under subsection (c.1).
(v) An individual who violates subsection (a)(1)
where there was an accident resulting in bodily injury,
serious bodily injury or death of any [person] individual
or in damage to a watercraft or other property and who
has more than one prior offense commits a misdemeanor of
the first degree.
(vi) An individual who violates subsection (a.1) or
(a.4) and who has more than one prior offense commits a
misdemeanor of the first degree.
(vii) An individual who violates subsection (a)(1)
where the individual refused testing of blood or breath
and who has one or more prior offenses commits a
misdemeanor of the first degree.
(viii) An individual who violates subsection (a.2)
or (a.3) and who has one or more prior offenses commits a
misdemeanor of the first degree.
(ix) An individual who violates this section when a
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minor under 18 years of age was a passenger in the
watercraft when the violation occurred commits a
misdemeanor of the first degree.
(c.1) Penalties.--
(1) Except as set forth in paragraph (2), (3) [or], (4)
or (5), an individual who violates subsection (a) shall be
sentenced as follows:
(i) For a first offense, to undergo a mandatory
minimum term of six months' probation and to pay a fine
of $300 and successfully complete an approved boating
safety course.
(ii) For a second offense, to undergo imprisonment
for not less than five days and to pay a fine of not less
than $300 nor more than $2,500 and successfully complete
an approved boating safety course.
(iii) For a third or subsequent offense, to undergo
imprisonment for not less than ten days and to pay a fine
of not less than $500 nor more than $5,000 and
successfully complete an approved boating safety course.
(2) Except as set forth in paragraph (3) or (4), an
individual who violates subsection (a)(1) where there was an
accident resulting in bodily injury, serious bodily injury or
death of any [person] individual or damage to a watercraft or
other property or who violates subsection (a.1) or (a.4)
shall be sentenced as follows:
(i) For a first offense, to undergo imprisonment for
not less than 48 consecutive hours and to pay a fine of
not less than $500 nor more than $5,000 and successfully
complete an approved boating safety course.
(ii) For a second offense, to undergo imprisonment
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for not less than 30 days and to pay a fine of not less
than $750 nor more than $5,000 and successfully complete
an approved boating safety course.
(iii) For a third offense, to undergo imprisonment
for not less than 90 days and to pay a fine of not less
than $1,500 nor more than $10,000 and successfully
complete an approved boating safety course.
(iv) For a fourth or subsequent offense, to undergo
imprisonment for not less than one year and to pay a fine
of not less than $1,500 nor more than $10,000 and
successfully complete an approved boating safety course.
(3) Except as set forth in paragraph (4), an individual
who violates subsection (a)(1) and refused testing of blood
or breath or an individual who violates subsection (a.2) or
(a.3) shall be sentenced as follows:
(i) For a first offense, to undergo imprisonment for
not less than 72 consecutive hours and to pay a fine of
not less than $1,000 nor more than $5,000 and
successfully complete an approved boating safety course.
(ii) For a second offense, to undergo imprisonment
for not less than 90 days and to pay a fine of not less
than $1,500 and successfully complete an approved boating
safety course.
(iii) For a third or subsequent offense, to undergo
imprisonment for not less than one year and to pay a fine
of not less than $2,500 and successfully complete an
approved boating safety course.
(4) Notwithstanding the provisions of this subsection
relating to mandatory minimum sentences, if the court makes a
finding that the county jail population exceeds its capacity,
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the court may allow an individual who violated this section
and is serving a mandatory minimum term of imprisonment to be
released on parole to serve some or all of the individual's
term of imprisonment on house arrest with electronic
surveillance. This shall not apply to an individual who
violates subsection (a)(1) where there was an accident
resulting in serious bodily injury or the death of any
[person] individual.
(5) An individual who violates this section when a minor
under 18 years of age was a passenger in the watercraft when
the violation occurred, in addition to any penalty imposed
under this section, shall be sentenced as follows:
(i) For the first offense:
(A) Pay a fine of not less than $1,000.
(B) Complete 100 hours of community service.
(ii) For a second offense:
(A) Pay a fine of not less than $2,500.
(B) Undergo imprisonment for not less than one
month nor more than six months.
(iii) For a third or subsequent offense, undergo
imprisonment for not less than six months nor more than
two years.
(d) Subsequent conviction.--Acceptance of Accelerated
Rehabilitative Disposition, an adjudication of delinquency or a
consent decree under 42 Pa.C.S. Ch. 63 or any other form of
preliminary disposition of any charge brought under this section
or a conviction or guilty plea under 75 Pa.C.S. § 3802
[(relating to driving under influence of alcohol or controlled
substance)] shall be considered a first conviction for the
purpose of computing whether a subsequent conviction of a
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violation of this section shall be considered a second, third or
subsequent conviction.
* * *
(g) City of first class.--Notwithstanding the provision for
direct appeal to the Superior Court, if, in a city of the first
class, [a person] an individual appeals from a judgment of
sentence under this section from the municipal court to the
common pleas court for a trial de novo, the Commonwealth shall
have the right to appeal directly to the Superior Court from the
order of the common pleas court if the sentence imposed is in
violation of this section. If, in a city of the first class, [a
person] an individual appeals to the court of common pleas after
conviction of a violation of this section in the municipal court
and thereafter withdraws his appeal to the common pleas court,
thereby reinstating the judgment of sentence of the municipal
court, the Commonwealth shall have 30 days from the date of the
withdrawal to appeal to the Superior Court if the sentence is in
violation of this section.
* * *
(j) Litter collection program.--In addition to the
conditions set forth under subsection (i) for Accelerated
Rehabilitative Disposition of any charge brought under this
section, the judge may impose and the [person] individual shall
accept the condition that the [person] individual engage in a
program of collecting litter from public and private property
along Commonwealth waterways, especially property which is
littered with alcoholic beverage containers. The duration of the
[person's] individual's participation in a litter collection
program shall not exceed the duration of the probationary period
imposed on the [person] individual under Accelerated
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Rehabilitative Disposition.
* * *
(m) Work release.--In any case in which [a person] an
individual is sentenced to a period of imprisonment as a result
of a conviction for violating any provision of this section, the
judicial officer imposing that sentence shall consider assigning
that [person] individual to a daytime work release program
pursuant to which the [person] individual would be required to
collect litter from public and private property, especially
property which is littered with alcoholic beverage containers.
(n) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Adult." [A person] An individual 21 years of age or older.
"Minor." [A person] An individual under 21 years of age.
Section 4. Title 30 is amended by adding a section to read:
§ 5502.4. Aggravated assault by watercraft.
(a) Offense defined.--An individual who recklessly or with
gross negligence causes serious bodily injury to another person
while engaged in the violation of a provision of this title or
regulations promulgated under this title applying to the
operation or equipment of boats or watercraft, except section
5502 (relating to operating watercraft under influence of
alcohol or controlled substance), commits aggravated assault by
watercraft, a felony of the third degree, when the violation is
the cause of the injury.
(b) Definition.--As used in this section, the term "serious
bodily injury" means any bodily injury that creates a
substantial risk of death or that causes serious permanent
disfigurement or protracted loss or impairment of the function
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of any bodily member or organ.
Section 5. This act shall take effect in 60 days.
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