Trial Engrossment of Amendment A04962 to House Bill 2106 P.N. 3165, Regular Session 2023-2024

A04962

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2106

Session of

2024

INTRODUCED BY STEELE, PROBST, DELLOSO, GUENST, HILL-EVANS, KHAN,

WAXMAN, DALEY, FRIEL, SCOTT AND D. WILLIAMS, MARCH 14, 2024

AS REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF

REPRESENTATIVES, AS AMENDED, MAY 22, 2024

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated

Statutes, in Pennsylvania Game Commission, further providing

for Game Commission officers and employees; in enforcement,

further providing for powers and duties of enforcement

officers; in game or wildlife protection, further providing

for regulations; in hunting and furtaking, repealing

provisions relating to hunting on Sunday prohibited,

providing for hunting on Sunday, repealing provisions

relating to trespass on private property while hunting and to

hunting on Sunday without written permission, providing for

the offense of trespass on private land while hunting or

furtaking and for the offense of hunting, trapping or taking

game or wildlife without written permission and further

providing for training dogs on small game; in special

licenses and permits, further providing for field dog trials;

and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2102(b)(2) of Title 34 of the

Pennsylvania Consolidated Statutes is amended to read:

Section 1. Section 303(c) of Title 34 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 303. Game Commission officers and employees.

* * *

section 901(a.1) (relating to powers and duties of enforcement

officers), every officer, employee or representative of the

commission in the exercise of their powers and duties shall have

the right and authority to go upon or enter any property[,

posted or otherwise,] outside of buildings.

Section 1.1. Section 901(a)(2) and (8) of Title 34 are

amended and the section is amended by adding a subsection to

read:

§ 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:

* * *

(2) [Go] Except as provided under subsection (a.1), go

upon any land or water outside of buildings, except

curtilage, [posted or otherwise,] in the performance of the

officer's duty.

* * *

(8) [Conduct] Except as provided under sub section (a.1),

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

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purpose of the inspection.

* * *

(a.1) Limitation on accessing certain land.--An officer may

not go upon any land as to which notice against trespass is

given by any of the following methods:

(1) Actual communication to the officer by the

landowner.

(2) Posting in a manner prescribed by law or reasonably

likely to come to the attention of intruders.

(3) Fencing or other enclosure manifestly designed to

exclude intruders.

(4) Placement of identifying purple paint marks on trees

or posts on the property line that are:

(i) vertical lines of not less than eight inches in

length and not less than one inch in width;

(ii) placed so that the bottom of the mark is not

less than three feet from the ground nor 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.

* * *

Section 1.2. Section 2102(b)(2) of Title 34 is amended to

read:

§ 2102. Regulations.

* * *

(b) Seasons, possession, bag limits and devices.--

* * *

(2) If in any year the commission fails to establish

seasons or bag limits or fails to establish other hunting or

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furtaking regulations under authority of this title, the open

seasons and bag limits for game or furbearers, [Sundays

excepted,] unless otherwise provided by this title, and all

other hunting or furtaking regulations adopted under

authority of this title, shall be the same as set by

regulation of the commission for the previous license year,

and all seasons shall open and close one calendar day earlier

than the previous license year. In the event the commission

fails to establish seasons and bag limits for a license year

beginning in a leap year, the seasons shall open and close

two calendar days earlier than the previous license year.

* * *

Section 2. Section 2303 of Title 34 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

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).

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(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.

offense of the fifth degree.]

Section 3. Title 34 is amended by adding a section to read:

§ 2303.1. Hunting on Sunday.

(a) General rule.--Except as provided in subsection (b), an

individual who has secured a hunting license may lawfully hunt

for any furbearer or game on any day of the week, including

Sunday, in accordance with other State law that is not

inconsistent with this section.

(b) Exception.--Subsection (a) shall not apply to an

individual who attempts to hunt on private land without

obtaining written permission of the owner, an agent of the owner

or a lessee of the private land or another authorized person.

Section 4. Sections 2314 and 2315 of Title 34 are repealed:

[§ 2314. Trespass on private property while hunting.

(a) General rule.--A person, while engaged in hunting or

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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) Applicability.--This section shall not apply to an

unarmed person who enters onto posted property for the sole

purpose of retrieving a hunting dog.

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.

(d) Enforcement.--The director shall authorize the police

department of each municipal corporation to assist in the

enforcement of this section as necessary, in addition to those

under section 903 (relating to delegation of enforcement

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powers).

§ 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), the person enters private land without

obtaining written permission of the landowner, an agent of the

landowner or lessee.

(b) Penalty.--A person who violates subsection (a) commits a

summary offense of the third degree.]

Section 5. Title 34 is amended by adding sections to read:

§ 2316. Trespass on private land while hunting or furtaking.

(a) Offense defined.--An individual, while engaged in

hunting or furtaking, commits an offense if, knowing that the

individual is not licensed or privileged to do so or using dogs

for the hunting or furtaking, the individual does any of the

following:

(1) Enters or remains on private land without

authorization to do so, if the private land is posted in a

manner prescribed by law or reasonably likely to come to the

individual's attention.

(2) Enters or remains on private land without

authorization to do so and defies an order not to enter or an

order to leave that has been personally communicated to the

individual by the owner, an agent of the owner or a lessee of

the private land or another authorized person.

(3) Enters or remains on private land without

authorization to do so, if the private land is fenced or

enclosed in a manner manifestly designed to exclude

trespassers.

A04962 - 7 -

(4) Subject to subsection (d)(1), enters or remains on

private land without authorization to do so, if notice

against trespass is given by the placement of identifying

purple paint marks on trees or posts on the private land as

prescribed by 18 Pa.C.S. § 3503(b)(1)(vi) (relating to

criminal trespass).

(b) Grading.--

(1) For a first violation:

(i) An individual who violates subsection (a)(1),

(3) or (4) commits a summary offense of the second degree

and may be subject to the forfeiture of the privilege to

hunt or take game or wildlife anywhere in this

Commonwealth for a period of one year.

(ii) An individual who violates subsection (a)(2)

commits a summary offense of the third degree.

(2) For a second violation:

(i) An individual who violates subsection (a)(1),

(3) or (4) for a second time commits a summary offense of

the first degree and may be subject to the forfeiture of

the privilege to hunt or take game or wildlife anywhere

in this Commonwealth for a period of two years.

(ii) An individual who violates subsection (a)(2)

for a second time commits a summary offense of the second

degree and may be subject to the forfeiture of the

privilege to hunt or take game or wildlife anywhere in

this Commonwealth for a period of one year.

(3) For a third or subsequent violation:

(i) An individual who violates subsection (a)(1),

(3) or (4) for a third or subsequent time commits a

misdemeanor of the third degree and may be subject to the

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forfeiture of the privilege to hunt or take game or

wildlife anywhere in this Commonwealth for a period of

three years.

(ii) An individual who violates subsection (a)(2)

for a third or subsequent time commits a summary offense

of the first degree and may be subject to the forfeiture

of the privilege to hunt or take game or wildlife

anywhere in this Commonwealth for a period of two years.

department of each municipal corporation, in addition to any

person described under section 903 (relating to delegation of

enforcement powers) to assist in the enforcement of this section

as necessary.

(d) Applicability.--

(1) Subsection (a)(4) shall not apply in a county of the

first class.

(2) AS FOLLOWS:

(I) SUBJECT TO SUBPARAGRAPH (II), THIS SECTION SHALL

NOT APPLY TO AN UNARMED INDIVIDUAL WHO ENTERS ONTO POSTED

OR MARKED PROPERTY FOR THE SOLE PURPOSE OF RETRIEVING A

HUNTING DOG.

(II) SUBPARAGRAPH (I) SHALL NOT APPLY TO AN

INDIVIDUAL DESCRIBED UNDER SUBPARAGRAPH (I) IF THE

PROPERTY IS PRIVATE LAND THAT IS FENCED OR ENCLOSED IN A

MANNER MANIFESTLY DESIGNED TO EXCLUDE TRESPASSERS OR IF

THE PROPERTY IS PRIVATE LAND POSTED AS AN AGRICULTURAL

BIOSECURITY AREA, AS DEFINED IN 3 PA.C.S. § 2303

(RELATING TO DEFINITIONS), UNLESS THE INDIVIDUAL ATTEMPTS

TO MAKE CONTACT WITH THE LANDOWNER OF THE PRIVATE LAND,

OR AN AGENT OF THE LANDOWNER, PRIOR TO ENTERING ONTO THE

A04962 - 9 -

PRIVATE LAND.

(2) (3) The penalties prescribed under this section

shall be in addition to any other penalty prescribed by law.

§ 2317. Hunting, trapping or taking game or wildlife without

written permission.

(a) Offense defined.--An individual commits an offense if

the individual enters or remains on private land while engaged

in the hunting, trapping or taking of game or wildlife, by any

means or manner or device, including the use of dogs, and fails

to:

(1) possess written permission of the owner, an agent of

the owner or a lessee of the private land or another

authorized person to use, occupy or access the property; or

(2) produce the written permission described under

paragraph (1) upon request to the owner, an agent of the

owner or a lessee of the private land, another authorized

person or an officer or other person whose duty is to assist

in the enforcement of this title.

(b) Grading.--An offense under subsection (a) constitutes a

summary offense of the third degree.

Section 6. Sections 2382(c) and 2943(c) of Title 34 are

amended to read:

§ 2382. Training dogs on small game.

* * *

[(c) Sunday limitation.--It is unlawful to train dogs on

privately owned property on Sunday. This limitation shall not

apply to:

(1) National or State forest land.

(2) State game lands.

(3) Privately owned property when the consent of the

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person in charge of the land is first obtained.]

§ 2943. Field dog trials.

* * *

meets where dogs may work on drags or live raccoons at any hour,

if permission is obtained to use privately owned land [when the

meet or trial is to be held on Sunday]:

(1) During the period of the year when dog training is

permitted by this title.

(2) During the period of the year when dog training is

prohibited by this title if a raccoon dog field trial permit

is obtained.

* * *

Section 7. The following shall not affect any fine or other

penalty imposed for a violation under this title that was

committed before the effective date of this section:

(1) The repeal of 34 Pa.C.S. § 2303, 2314 or 2315.

(2) The addition of 34 Pa.C.S. § 2303.1, 2316 or 2317.

(3) The amendment of 34 Pa.C.S. § 2382(c) or 2943(c).

Section 8. The addition of 34 Pa.C.S. §§ 2316 and 2317 shall

apply to an offense committed on or after the effective date of

this section.

Section 9. This act shall take effect as follows:

(1) This section shall take effect immediately.

(2) The remainder of this act shall take effect in 60

days.

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