PRIOR PRINTER'S NO. 345
PRINTER'S NO. 1437
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
67
Session of
2023
INTRODUCED BY LAUGHLIN, ROBINSON AND BREWSTER, FEBRUARY 21, 2023
SENATOR ROTHMAN, GAME AND FISHERIES, AS AMENDED, MARCH 20, 2024
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in hunting and furtaking, repealing provisions
relating to hunting on Sunday prohibited, providing for
hunting on Sunday and further providing FOR THE OFFENSE OF
TRESPASS ON PRIVATE PROPERTY WHILE HUNTING AND for hunting on
Sunday without written permission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2303 of Title 34 of the Pennsylvania
Consolidated Statutes is repealed:
[§ 2303. Hunting on Sunday prohibited.
(a) General rule.--Except as otherwise provided in this
title, it is unlawful for any person to hunt for any furbearer
or game on Sunday.
(b) Construction of section.--This section shall not be
construed to prohibit:
(1) The training of dogs.
(2) The participation in dog trials as provided for in
this title.
(3) The removal of lawfully taken game or wildlife from
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traps or the resetting of the traps on Sunday.
(b.1) Exceptions.--Subsection (a) shall not apply to:
(1) The hunting of foxes.
(2) The hunting of coyotes.
(3) Any hunting which occurs on noncommercial regulated
hunting grounds holding a valid permit under section 2928(b)
(2) (relating to regulated hunting grounds permits).
(4) Hunting on three Sundays each calendar year, as
follows:
(i) One day of Sunday hunting shall be instituted by
the commission during the deer rifle season.
(ii) One day of Sunday hunting shall be instituted
by the commission during the Statewide deer archery
season.
(iii) One day of Sunday hunting as determined by the
commission shall be instituted by the commission.
Authority to hunt on any Sunday instituted by the commission
under this paragraph shall not apply to any person required
to secure a hunting license who attempts to hunt on private
land without obtaining written permission of the landowner,
an agent of the landowner or lessee.
(c) Penalty.--A violation of this section is a summary
offense of the fifth degree.]
Section 2. Title 34 is amended by adding a section to read:
§ 2303.1. Hunting on Sunday.
(a) General rule.--The commission may institute Sunday
hunting by regulation promulgated in accordance with section
2102 (relating to regulations).
(b) Applicability.-- Authority to hunt for big game on any
Sunday instituted by the commission under subsection (a) shall
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not apply to any person required to secure a hunting license who
attempts to hunt on private land without obtaining written
permission of the landowner, an agent of the landowner or a
lessee.
(c) Lawful hunting.-- It shall be lawful for a person to hunt
for any furbearer or game on Sunday on and after the publication
of the final regulation under subsection (a).
Section 3. Section SECTIONS 2314(A), (B) AND (C) AND 2315(a)
of Title 34 is ARE amended to read:
§ 2314. TRESPASS ON PRIVATE PROPERTY WHILE HUNTING.
(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[.];
(3) ENTERS OR REMAINS ON ANY LAND OF ANOTHER WITHOUT
AUTHORIZATION TO DO SO, WHEN THE LAND IS FENCED OR ENCLOSED
IN A MANNER MANIFESTLY DESIGNED TO EXCLUDE TRESPASSERS; OR
(4) SUBJECT TO SUBSECTION (B), ENTERS OR REMAINS ON ANY
LAND OF ANOTHER WITHOUT AUTHORIZATION TO DO SO WHEN NOTICE
AGAINST TRESPASS IS GIVEN BY THE PLACEMENT OF IDENTIFYING
PURPLE PAINT MARKS ON TREES OR POSTS ON THE PROPERTY, WHICH
ARE:
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(I) VERTICAL LINES OF NOT LESS THAN EIGHT INCHES IN
LENGTH AND NOT LESS THAN ONE INCH IN WIDTH;
(II) PLACED IN A MANNER SO THAT THE BOTTOM OF THE
MARK IS NOT LESS THAN THREE FEET FROM THE GROUND AND NOT
MORE THAN FIVE FEET FROM THE GROUND; AND
(III) PLACED AT LOCATIONS THAT ARE READILY VISIBLE
TO A PERSON APPROACHING THE PROPERTY AND NO MORE THAN 100
FEET APART.
(B) APPLICABILITY.--
(1) THIS SECTION SHALL NOT APPLY TO AN UNARMED PERSON
WHO ENTERS ONTO POSTED PROPERTY FOR THE SOLE PURPOSE OF
RETRIEVING A HUNTING DOG.
(2) SUBSECTION (A)(4) SHALL NOT APPLY IN A COUNTY OF THE
FIRST CLASS OR A COUNTY OF THE SECOND CLASS .
(C) PENALTY.--AN OFFENSE UNDER THIS SECTION SHALL BE GRADED
AS FOLLOWS:
(1) A PERSON WHO VIOLATES SUBSECTION (A)(1), (3) OR (4)
COMMITS A SUMMARY OFFENSE OF THE [THIRD DEGREE.] SECOND
DEGREE AND SHALL RESULT IN FORFEITURE OF THE PRIVILEGE TO
HUNT OR TAKE GAME OR WILDLIFE ANYWHERE WITHIN THIS
COMMONWEALTH FOR A PERIOD OF UP TO ONE YEAR .
(2) A PERSON WHO VIOLATES SUBSECTION (A)(2) COMMITS A
MISDEMEANOR[.] AND SHALL RESULT IN FORFEITURE OF THE
PRIVILEGE TO HUNT OR TAKE GAME OR WILDLIFE ANYWHERE WITHIN
THIS COMMONWEALTH FOR A PERIOD OF THREE YEARS .
(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
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[ONE YEAR] FIVE YEARS.
* * *
§ 2315. Hunting on Sunday without written permission.
(a) General rule.--A person required to secure a hunting
license to hunt commits an offense if, while engaged in hunting
on Sunday under section [2303(b.1)(4) (relating to hunting on
Sunday prohibited)] 2303.1 (relating to hunting on Sunday), the
person enters private land without obtaining written permission
of the landowner, an agent of the landowner or lessee.
* * *
Section 4. This act shall take effect as follows:
(1) The repeal of 34 Pa.C.S. § 2303 shall take effect on
the publication of regulations by the commission under 34
Pa.C.S. § 2303.1.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 60
days.
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