PRIOR PRINTER'S NOS. 3243, 3519 PRINTER'S NO. 3938
No. 2463 Session of 1996
INTRODUCED BY B. SMITH, SURRA, MERRY, STABACK, GEIST, COLAIZZO,
NICKOL, WALKO, LYNCH, YOUNGBLOOD, TRUE, TRELLO, RUBLEY,
PISTELLA, EGOLF, GRUPPO AND GRUITZA, MARCH 15, 1996
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 28, 1996
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing for definitions, for license
3 costs and fees, for applications for licenses, for unlawful
4 acts concerning licenses, for incident reports and
5 assistance, for increased penalties for shooting at or
6 causing injury to or killing another person and for license
7 revocation; providing for contraband and forfeiture
8 proceedings, for an additional penalty for poaching, for a
9 felony penalty and for hunting or shooting at or causing
10 injury to or killing another person while under the influence
11 of alcohol or controlled substances; and further providing
12 for the buying and selling of game AND FOR TAXIDERMY PERMITS. <--
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The definition of "contraband" in section 102 of
16 Title 34 of the Pennsylvania Consolidated Statutes is amended
17 and the section is amended by adding definitions to read:
18 § 102. Definitions.
19 Subject to additional definitions contained in subsequent
20 provisions of this title which are applicable to specific
21 provisions of this title, the following words and phrases when
22 used in this title shall have the meanings given to them in this
1 section unless the context clearly indicates otherwise:
2 * * *
3 "Contraband." Any game or wildlife, or part or product
4 thereof, [or any personal property, including, but not limited
5 to, firearms, traps, boats, decoys, vehicles and attachments and
6 property designed for use or used in hunting and taking game or
7 wildlife,] when the game or wildlife, or part or product
8 thereof, [or the personal property] is held in possession,
9 transported or used or taken in violation of any law, the
10 enforcement or administration of which is vested in the
11 commission. Contraband shall be forfeited to the commission to
12 be disposed of at the discretion of the director. The term shall
13 also include any personal property, including, but not limited
14 to, firearms, traps, boats, decoys, vehicles and attachments and
15 property designed for use or used in hunting and taking game or
16 wildlife when used by a poaching ring.
17 * * *
18 "Poaching ring." Two or more persons combining in any manner
19 or degree to take game involving multiple violations of the
20 provisions of section 2312 (relating to buying and selling
21 game).
22 * * *
23 "Substantially injure." To injure an individual to a degree
24 that requires treatment by a physician.
25 * * *
26 Section 2. Section 925(a), (b) and (j) of Title 34 are
27 amended to read:
28 § 925. Jurisdiction and penalties.
29 (a) Jurisdiction.--Notwithstanding the provisions of Title
30 42 (relating to judiciary and judicial procedure), all district
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1 justices shall have jurisdiction for all violations of this
2 title which are classified as summary offenses [or misdemeanors]
3 and may accept guilty pleas and impose sentences for violations
4 of this title classified as misdemeanors.
5 (b) Fines and penalties for violations.--In addition to any
6 other requirements of this title, the following fines and
7 penalties shall be imposed for violations of this title:
8 (1) Felony of the third degree, not less than $2,500 nor
9 more than $15,000 and may be sentenced to imprisonment up to
10 seven years.
11 (1.1) Misdemeanor of the first degree, not less than
12 $2,000 nor more than $10,000 and may be sentenced to
13 imprisonment up to six months.
14 (2) Misdemeanor of the second degree, not less than
15 $1,000 nor more than $5,000 and may be sentenced to
16 imprisonment up to six months.
17 (3) Misdemeanor of the third degree, not less than $500
18 nor more than $2,500 and may be sentenced to imprisonment up
19 to six months.
20 (4) Summary offense of the first degree, $800.
21 (5) Summary offense of the second degree, $500.
22 (6) Summary offense of the third degree, $300.
23 (7) Summary offense of the fourth degree, $200.
24 (8) Summary offense of the fifth degree, $100.
25 (9) Summary offense of the sixth degree, $75.
26 (10) Summary offense of the seventh degree, $50.
27 (11) Summary offense of the eighth degree, $25.
28 In addition to the imposition of any fines, costs of prosecution
29 shall also be assessed pursuant to 42 Pa.C.S. §§ 1725.1
30 (relating to costs) and 3571 (relating to Commonwealth portion
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1 of fines, etc.).
2 * * *
3 (j) Title 18 inapplicable.--Title 18 (relating to crimes and
4 offenses) is inapplicable to this title insofar as it relates
5 to:
6 (1) intent, willfulness of conduct or fines and
7 imprisonment for convictions of summary offenses and
8 misdemeanors[.]; or
9 (2) criminal records under 18 Pa.C.S. Ch. 91 (relating
10 to criminal history record information) for misdemeanors
11 under section 2522(b)(1).
12 Section 3. Section 929(a) of Title 34 is amended and the
13 section is amended by adding subsections to read:
14 § 929. Revocation or denial of license, permit or registration.
15 (a) General rule.--Except as otherwise provided in this
16 title, any hunting or furtaking license, special license or
17 permit or registration granted under the authority of this title
18 may be revoked by the commission when the holder of the license,
19 permit or registration is convicted of an offense under this
20 title or has acted contrary to the intent of the license,
21 special license, registration or permit, with each offense
22 constituting a separate violation subject to separate
23 revocation. The commission may refuse to grant to that person
24 any new license, special license or permit or registration and
25 may deny any privilege granted by these documents for a period
26 not exceeding five years unless otherwise provided in this
27 title. A person whose license, permit or registration is revoked
28 or suspended under a provision of this title requiring mandatory
29 revocation or suspension must, in order to obtain restoration,
30 present evidence of the successful completion of a hunter
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1 education course under section 2704(b) (relating to eligibility
2 for license) taken subsequent to the period of revocation.
3 (a.1) Hunter education course.--A person whose privilege to
4 hunt with or without a license anywhere in this Commonwealth is
5 revoked or suspended under a provision of this title requiring
6 mandatory revocation or suspension shall, in order to obtain
7 restoration, present evidence of the successful completion of a
8 hunter education course under section 2704(b) taken subsequent
9 to each period of revocation or suspension.
10 (a.2) Vision examination and drug and alcohol education
11 program.--A person whose privilege to hunt with or without a
12 license anywhere in this Commonwealth is revoked or suspended
13 under section 2522(c) (relating to shooting at or causing injury
14 to human beings), in order to obtain restoration, shall present
15 evidence of having taken a vision examination under section
16 2522(c) and, if required by the commission, present evidence of
17 having successfully completed an alcohol and drug education
18 program under section 2522(h).
19 * * *
20 Section 4. Chapter 9 of Title 34 is amended by adding a
21 subchapter to read:
22 CHAPTER 9
23 ENFORCEMENT
24 * * *
25 SUBCHAPTER C
26 FORFEITURE
27 Sec.
28 941. Contraband.
29 942. Forfeiture proceedings.
30 § 941. Contraband.
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1 (a) Game or wildlife.--No property rights shall exist in any
2 game or wildlife, or part or product thereof, when the game or
3 wildlife, or part or product thereof, is held in possession,
4 transported or used or taken in violation of any law, the
5 enforcement or administration of which is vested in the
6 commission. The same shall be deemed to be contraband and
7 proceedings for its forfeiture to the Commonwealth may be
8 instituted in the manner provided in this subchapter. No such
9 property when in the custody of the commission shall be seized
10 or taken therefrom on any writ of replevin or like process.
11 (b) Personal property.--Whenever any personal property,
12 including, but not limited to, firearms, traps, boats, decoys,
13 vehicles and attachments and property designed for use or used
14 in hunting and taking game or wildlife, is used by a poaching
15 ring combining in any manner or degree which violate the
16 provisions of section 2312 (relating to buying and selling
17 game), the personal property used shall be deemed contraband and
18 subject to forfeiture proceedings. The term "poaching ring"
19 shall mean two or more persons who have in combination been
20 adjudicated to have violated the provisions of section 2312.
21 § 942. Forfeiture proceedings.
22 (a) In rem proceedings.--Except as otherwise provided in
23 this title, the proceedings for the forfeiture or condemnation
24 of contraband shall be in rem, in which the Commonwealth shall
25 be the plaintiff and the property the defendant. A petition
26 shall be filed in the court of common pleas, verified by oath or
27 affirmation of any officer or citizen, containing all of the
28 following:
29 (1) A description of the property so seized.
30 (2) A statement of the time and place where seized.
19960H2463B3938 - 6 -
1 (3) The owner, if known.
2 (4) The person or persons in possession, if known.
3 (5) An allegation that the property had been possessed
4 or used or was intended for use in violation of this title.
5 (6) A prayer for an order of forfeiture that the
6 property be adjudged forfeited to the commission, unless
7 cause be shown to the contrary.
8 (b) Service of petition.--A copy of the petition shall be
9 served personally on the owner if the owner can be found within
10 the jurisdiction of the court or upon the person or persons in
11 possession of the property at the time of the seizure thereof.
12 The copy shall have endorsed thereon a notice as follows:
13 To the Claimant of Within Described Property: You are
14 required to file an answer to this petition, setting
15 forth your title in and right to possession of the
16 property, within 15 days from the service hereof; and you
17 are also notified that, if you fail to file an answer, a
18 decree of forfeiture and condemnation will be entered
19 against the property.
20 The notice shall be signed by petitioner or his attorney, or the
21 district attorney or the Attorney General.
22 (c) Publication of petition.--If the owner of the property
23 is unknown or outside the jurisdiction of the court and there
24 was no person in possession of the property when seized or the
25 person so in possession cannot be found within the jurisdiction
26 of the court, notice of the petition shall be given by an
27 advertisement in only one newspaper of general circulation
28 published in the county where the property shall have been
29 seized, once a week for two successive weeks. No other
30 advertisement of any sort shall be necessary, notwithstanding
19960H2463B3938 - 7 -
1 any other law to the contrary. The notice shall contain a
2 statement of the seizure of the property, with a description
3 thereof, the place and date of seizure and shall direct any
4 claimants thereof to file a claim therefor on or before a date
5 given in the notice, which date shall not be less than ten days
6 from the date of the last publication.
7 (d) Hearing.--Upon the filing of any claim for the property
8 setting forth a right of possession thereof, the case shall be
9 deemed at issue and a time be fixed for the hearing thereof.
10 (e) Burden of proof.--
11 (1) At the time of the hearing, if the Commonwealth
12 shall produce evidence that the property in question was
13 unlawfully possessed or used, the burden shall be upon the
14 claimant to show all of the following:
15 (i) That he is the owner of the property.
16 (ii) That he lawfully acquired the property.
17 (iii) That the property was not unlawfully used or
18 possessed.
19 (2) In the event the claimant shall prove by competent
20 evidence to the satisfaction of the court that the property
21 was lawfully taken, possessed and used, then the court may
22 order the same returned or delivered to the claimant. If it
23 appears that the property was unlawfully possessed or used,
24 the court may, in its discretion, adjudge that property
25 forfeited and condemned to the commission to be disposed of
26 at the discretion of the director.
27 Section 5. Section 2312 of Title 34 is amended to read:
28 § 2312. Buying and selling game.
29 (a) General rule.--Unless otherwise provided, it is unlawful
30 for any person to buy, sell or barter, or aid, abet, assist or
19960H2463B3938 - 8 -
1 conspire to buy, sell or barter, or offer for sale or barter, or
2 have in possession or transport for sale or barter, any game or
3 the edible parts of game or [any protected bird or animal or
4 parts of any protected bird or animal.] wildlife or parts of any
5 game or wildlife protected by this title. Edible parts shall
6 mean any portion which can be ingested by humans for any reason,
7 except hides or pelts.
8 (b) Imported game.--It is unlawful for any person to sell or
9 barter, or offer for sale or barter, any game or wildlife
10 protected by this title imported[, either dead or alive,] from
11 another state or nation [unless there is attached to the carton
12 containing the game or wildlife or to the individual carcasses a
13 tag identifying the game or wildlife in English and giving the
14 state or nation from which originally shipped.] and killed in
15 the wild.
16 (c) Exception.--Nothing in this section shall be construed
17 to prevent the purchase or sale of game raised under authority
18 of a propagating permit in this Commonwealth [or the capture and
19 sale of game or wildlife after securing a permit from the
20 director and payment of any fees established by the commission
21 or]; the purchase or sale of the tanned, cured or mounted heads
22 or skins, or parts thereof, of any game or wildlife not killed
23 in a wild state in this Commonwealth, provided documentation can
24 be produced showing the animal or part's origin was another
25 state or nation; or the sale or purchase of any inedible part
26 [thereof,] from game or wildlife lawfully killed, if such parts
27 are disposed of by the original owner [within 90 days after the
28 close of the season in which the game or wildlife was taken]. If
29 a person possesses the game or parts and fails or refuses to
30 immediately produce the documentation as to where the game or
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1 parts were taken or acquired, the game or parts shall be
2 presumed to have been taken in this Commonwealth and the person
3 shall be subject to the penalties provided for in this title for
4 the illegal possession, transportation, buying, bartering or
5 selling, as the case may be. Prior to selling parts of game or
6 wildlife under the provisions of this subsection, all edible
7 parts shall be removed. This subsection shall not be construed
8 to permit any individual or agency other than the commission to
9 sell the skins or parts of game or wildlife killed as a
10 protection to crops, or accidentally killed upon the highways,
11 or seized as contraband.
12 (d) Penalty.--A violation of this section relating to:
13 (1) Elk or bear is a summary offense of the first degree
14 and results in forfeiture of the privilege to hunt or take
15 wildlife anywhere within this Commonwealth for a period of
16 five years.
17 (2) Deer is a summary offense of the second degree and
18 results in forfeiture of the privilege to hunt or take game
19 or wildlife anywhere within this Commonwealth for a period of
20 three years.
21 (3) Bobcat or otter is a summary offense of the third
22 degree and results in forfeiture of the privilege to hunt or
23 take game or wildlife anywhere within this Commonwealth for a
24 period of three years.
25 (4) Wild turkey or beaver is a summary offense of the
26 fourth degree and results in forfeiture of the privilege to
27 hunt or take game or wildlife anywhere within this
28 Commonwealth for a period of two years.
29 (5) Each other wild bird or wild animal is a summary
30 offense of the fifth degree and results in forfeiture of the
19960H2463B3938 - 10 -
1 privilege to hunt or take game or wildlife anywhere within
2 this Commonwealth for a period of one year.
3 (6) As part of the penalty for a violation of any
4 provision of this section, any game or wildlife or edible
5 parts of game bought, sold or bartered, offered for sale or
6 barter or possessed for sale or barter or any moneys or
7 proceeds received from the sale of game or wildlife or parts
8 of game or wildlife in violation of this section shall be
9 forfeited to the commission and disposed of at the discretion
10 of the director.
11 (7) As part of the penalty for a violation of any
12 provision of this section, upon conviction the defendant may
13 be sentenced up to six months in prison at the discretion of
14 the court.
15 (e) Contraband.--Any craft or vehicle or attachments thereto
16 being unlawfully used contrary to this section is contraband and
17 may be subject to in rem forfeiture as provided in this title.
18 Section 6. Title 34 is amended by adding a section to read:
19 § 2329. Additional penalty for poaching.
20 (a) Additional penalty.--A person who violates this chapter
21 by illegally poaching big game shall, in addition to any other
22 penalty imposed, be sentenced to pay a fine of $200 for each big
23 game animal illegally poached. Any fines collected under this
24 subsection shall be paid over to the commission for use in
25 maintaining the toll-free telephone number under subsection (b)
26 and to compensate callers whose reports led to payment of a fine
27 under this subsection. Each caller shall be compensated $100 for
28 each $200 collected as a result of the caller's report.
29 (b) Report of violations.--The commission shall establish
30 and maintain a toll-free telephone number to report poaching of
19960H2463B3938 - 11 -
1 big game. Reports of poaching of big game are confidential. No
2 persons other than employees of the commission in the course of
3 official duties in connection with poaching reports shall have
4 access to identifying information relating to the caller.
5 Section 7. Sections 2501, 2521 and 2522 of Title 34 are
6 amended to read:
7 § 2501. Hunting or furtaking prohibited while under influence
8 of alcohol or controlled substance.
9 (a) General rule.--It is unlawful to hunt or take game,
10 furbearers or wildlife or aid, abet, assist or conspire to hunt
11 or take game, furbearers or wildlife anywhere in this
12 Commonwealth while in possession of a firearm of any kind or a
13 bow and arrow [while under the influence of alcohol or a
14 controlled substance, or both.] if:
15 (1) under the influence of alcohol to a degree which
16 renders the person incapable of safe hunting or furtaking;
17 (2) under the influence of any controlled substance, as
18 defined by the laws of this Commonwealth and rules and
19 regulations promulgated thereunder, to a degree which renders
20 the person incapable of safe hunting or furtaking;
21 (3) under the combined influence of alcohol and a
22 controlled substance to a degree which renders the person
23 incapable of safe hunting or furtaking;
24 (4) the amount of alcohol by weight in the blood of the
25 person is 0.10% or greater; or
26 (5) the amount of alcohol by weight in the blood of the
27 person is 0.10% or greater at the time of a chemical test of
28 a sample of the person's breath, blood or urine, which sample
29 is:
30 (i) obtained within three hours after the person
19960H2463B3938 - 12 -
1 hunted or took game; or
2 (ii) if the circumstances of the incident prevent
3 collecting the sample within three hours, obtained within
4 a reasonable additional time after the person hunted or
5 took game.
6 (a.1) Defense.--It shall be a defense to a prosecution under
7 subsection (a)(5) if the person proves by a preponderance of
8 evidence that the person consumed alcohol after the last
9 instance in which he hunted or took game and that the amount of
10 alcohol by weight in his blood would not have exceeded 0.10% at
11 the time of the test but for such consumption.
12 (a.2) Legal use no defense.--The fact that any person
13 charged with violating this section is or has been legally
14 entitled to use alcohol or controlled substances is not a
15 defense to a charge of violating this section.
16 (a.3) Exception.--A person who is furtaking shall not be
17 deemed in violation of subsection (a) if that person is not in
18 possession of a firearm.
19 (b) Penalty.--A violation of the provisions of this section
20 shall be a [summary offense] misdemeanor of the third degree. In
21 addition to any penalty, the violator shall be denied the right
22 to hunt or trap in this Commonwealth, with or without a license,
23 for a period of one year.
24 (c) Definition.--As used in this section, the term
25 "controlled substance" shall have the meaning ascribed to it by
26 the act of April 14, 1972 (P.L.233, No.64), known as The
27 Controlled Substance, Drug, Device and Cosmetic Act.
28 § 2521. [Accident] Incident reports.
29 (a) General rule.--Every person who causes or is involved in
30 an [accident] incident in which a human being is injured by any
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1 firearm or bow and arrow while hunting or taking game, wildlife
2 or furbearers or incurs a self-inflicted injury with any firearm
3 or bow and arrow while hunting or taking game, wildlife or
4 furbearers shall render a report to the commission at Harrisburg
5 or deliver the report to any officer of the commission on
6 duplicate forms provided for that purpose. The report shall be
7 delivered within 72 hours after the injury. Each 24-hour period
8 thereafter shall constitute a separate offense. If the person is
9 physically incapable of making the required report, it shall be
10 the duty of the person or persons involved in the [accident]
11 incident to designate an agent to file the report within the
12 specified time.
13 (b) Penalty.--
14 (1) A violation of this section involving a nonfatal
15 [accident] incident is a summary offense of the fifth degree.
16 (2) A violation of this section involving a fatal
17 [accident] incident is a summary offense of the fourth
18 degree.
19 § 2522. Shooting at or causing injury to human beings.
20 (a) General rule.--It is unlawful for any person while
21 hunting or furtaking, through carelessness or negligence, to
22 shoot at, injure or kill any human being through the use of a
23 firearm, bow and arrow or other deadly weapon.
24 (b) Penalty.--The penalty to be imposed for any violation of
25 this section shall be determined pursuant to the following
26 classifications:
27 (1) To shoot at but not hit or injure, or hit and not
28 substantially injure, a human being is a [summary offense of <--
29 the first degree] misdemeanor of the third degree. <--
30 (2) To substantially injure a human being is a
19960H2463B3938 - 14 -
1 misdemeanor of the [third] second degree.
2 (3) To kill a human being is a misdemeanor of the
3 [second] first degree. Fines imposed against a violator of
4 this paragraph shall be distributed to the next of kin as an
5 asset of the estate of the deceased, other provisions of law
6 to the contrary notwithstanding.
7 (c) Denial of privileges.--In addition to the penalty
8 imposed pursuant to subsection (b), any person who shoots at,
9 injures or kills a human being shall be denied the privilege to
10 hunt or take game or wildlife anywhere in this Commonwealth,
11 with or without license, for the following periods:
12 (1) To shoot at but not hit or injure, or hit and not
13 substantially injure, a human being, the denial shall be for
14 a period of two years.
15 (2) To substantially injure a human being, the denial
16 shall be for a period of not less than [two] five years nor
17 more than [five] ten years.
18 (3) To kill a human being, the denial shall be for a
19 period of [ten] fifteen years.
20 (d) Nonpayment of fine.--[A] In addition to any sentence
21 imposed pursuant to subsection (b), any person who fails to pay
22 the fine imposed by this section within 180 days shall undergo
23 imprisonment not in excess of one year or until the fine is paid
24 in full.
25 (e) Imprisonment for violation of sentence.--It is unlawful
26 for a person to hunt or take game or wildlife or attempt to hunt
27 or take game or wildlife, with or without license, contrary to a
28 sentence imposed under subsection (b). Upon conviction, the
29 person shall be sentenced to undergo imprisonment for a period
30 of not less than three months nor more than six months.
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1 (f) Mandatory hunter education.--Any person whose privilege
2 to hunt or take game is suspended under subsection (c) shall,
3 prior to obtaining a license after the period of suspension,
4 present evidence of the successful completion of a hunter
5 education course as prescribed in section 2704(b) (relating to
6 eligibility for license) taken subsequent to each suspension of
7 the license.
8 (g) Mandatory vision examination.--Any person whose
9 privilege to hunt or take game is suspended under subsection (c)
10 shall present to the commission, prior to obtaining a license
11 after the period of suspension, evidence of having taken and the
12 results of a vision examination administered by a licensed
13 ophthalmologist or optometrist subsequent to the suspension of
14 the license. The commission, based on the results of the vision
15 examination, may deny a person a license or place on the license
16 a restriction requiring the person to wear corrective lenses
17 when the person hunts or takes game.
18 (h) Alcohol and drug testing and education program.--Any
19 person who is licensed to hunt or take game in this Commonwealth
20 shall be deemed to have given consent to one or more chemical
21 tests of breath, blood or urine for the purpose of determining
22 the alcoholic content of blood or the presence of a controlled
23 substance as defined by the act of April 14, 1972 (P.L.233,
24 No.64), known as The Controlled Substance, Drug, Device and
25 Cosmetic Act, if there are reasonable grounds to believe the
26 person to have been hunting or taking game while under the
27 influence of alcohol or a controlled substance, or both, when
28 the person shot at, injured or killed a human being under
29 subsection (a). If the results of the test indicate that the
30 person was hunting or taking game while under the influence of
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1 alcohol or a controlled substance, the Commonwealth shall
2 require the person to attend and successfully complete at that
3 person's cost an approved alcohol and drug education program
4 subsequent to the suspension of the license under subsection
5 (c). The person shall present to the commission, prior to
6 obtaining a license after the period of suspension, evidence of
7 having successfully completed the alcohol and drug education
8 program.
9 [(f)] (i) Civil remedies preserved.--Nothing in this section
10 shall bar the recovery of any damages in any civil action by any
11 aggrieved party.
12 Section 8. Title 34 is amended by adding a section to read:
13 § 2522.1. Shooting at or causing injury to human beings while
14 under influence of alcohol or controlled substance.
15 (a) General rule.--It is unlawful for any person while
16 hunting or furtaking while under influence of alcohol or
17 controlled substance to shoot at, injure or kill any human being
18 through the use of a firearm, bow and arrow or other deadly
19 weapon.
20 (b) Penalty.--The penalty to be imposed for any violation of
21 this section shall be determined pursuant to the following
22 classifications:
23 (1) To shoot at but not hit or injure a human being is a
24 summary offense of the first degree.
25 (2) To shoot at and injure a human being is a
26 misdemeanor of the second degree.
27 (3) To kill a human being is a felony of the third
28 degree. Fines imposed against a violator of this paragraph
29 shall be distributed to the next of kin as an asset of the
30 estate of the deceased, other provisions of law to the
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1 contrary notwithstanding.
2 (c) Denial of privileges.--In addition to the penalty
3 imposed pursuant to subsection (b), any person who shoots at,
4 injures or kills a human being while under the influence of
5 alcohol or controlled substance shall be denied the privilege to
6 hunt or take game or wildlife anywhere in this Commonwealth,
7 with or without license for the following periods:
8 (1) To shoot at but not hit or injure, or hit and not
9 substantially injure, a human being, the denial shall be for
10 a period of three years.
11 (2) To substantially injure a human being, the denial
12 shall be for a period of not less than seven years nor more
13 than twelve years.
14 (3) To kill a human being, the denial shall be for a
15 period of seventeen years.
16 (d) Nonpayment of fine.--In addition to any sentence imposed
17 pursuant to subsection (b), any person who fails to pay the fine
18 imposed by this section within 180 days shall undergo
19 imprisonment not in excess of one year or until the fine is paid
20 in full.
21 (e) Imprisonment for violation of sentence.--It is unlawful
22 for a person to hunt or take game or wildlife or attempt to hunt
23 or take game or wildlife, with or without license, contrary to a
24 sentence imposed under subsection (b). Upon conviction, the
25 person shall be sentenced to undergo imprisonment for a period
26 of not less than three months nor more than six months.
27 (f) Mandatory hunter education.--Any person whose privilege
28 to hunt or take game is suspended under subsection (c) shall,
29 prior to obtaining a license after the period of suspension,
30 present evidence for the successful completion of a hunter
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1 education course as prescribed in section 2704(b) (relating to
2 eligibility for license) taken subsequent to each suspension of
3 the license.
4 (g) Civil remedies preserved.--Nothing in this section shall
5 bar the recovery of any damages in any civil action by any
6 aggrieved party.
7 Section 9. Sections 2523 and 2704(d) of Title 34 are amended
8 to read:
9 § 2523. Rendering assistance after [accidents] incidents.
10 (a) General rule.--It is unlawful for any person who has
11 inflicted injury or witnessed the infliction of injury to a
12 human being with any firearm or bow and arrow, while hunting or
13 furtaking, to flee or to fail or refuse to render immediate and
14 full assistance to the person injured.
15 (b) Penalties.--
16 (1) A violation of this section by the person inflicting
17 such injury where a human being is injured but not killed is
18 a misdemeanor of the second degree. In addition to the fine
19 imposed, the defendant forfeits the privilege to hunt or take
20 wildlife anywhere in this Commonwealth, with or without a
21 license, for a period of ten years.
22 (2) A violation of this section by the person inflicting
23 such injury where a human being is killed is a misdemeanor of
24 the first degree. In addition to the fine imposed, the
25 defendant forfeits the privilege to hunt or take wildlife
26 anywhere within this Commonwealth, with or without a license,
27 for a period of 15 years.
28 (3) A violation of this section by a person witnessing
29 such injury where a human being is injured but not killed is
30 a summary offense of the third degree.
19960H2463B3938 - 19 -
1 (4) A violation of this section by a person witnessing
2 such injury where a human being is killed is a summary
3 offense of the first degree.
4 (5) A person convicted of a second or subsequent
5 violation of this section shall be sentenced to pay a fine of
6 twice the amount of the penalty imposed by this section and,
7 in addition thereto, forfeits the privilege to hunt or take
8 wildlife anywhere in this Commonwealth, with or without a
9 license, for an additional period of ten years.
10 § 2704. Eligibility for license.
11 * * *
12 (d) Duties of commission.--
13 (1) The commission shall provide for a course of
14 instruction, approved by the director, in the safe and
15 ethical utilization of firearms and traps or other devices
16 used for taking furbearers. The commission may cooperate with
17 any reputable association or organization in presentation of
18 this course.
19 (2) The commission may designate any person who the
20 commission determines to be competent to give instruction in
21 the handling of firearms, traps or other devices to act as an
22 instructor. The appointed person shall give the course of
23 instruction and shall issue to each person who successfully
24 completes the course of instruction a certificate of training
25 in the handling of firearms, traps or other devices. No
26 charge shall be made for the course of instruction, except
27 for materials or ammunition consumed.
28 (3) The commission shall furnish information on the
29 requirements of the furtaker's education program which shall
30 be distributed, free of charge, to applicants for furtaker
19960H2463B3938 - 20 -
1 licenses by the persons appointed and authorized to issue the
2 licenses.
3 (4) The provisions of this section shall not apply to
4 those persons under 12 years of age who trap furbearers under
5 the direct supervision of an adult licensed furtaker 18 years
6 of age or older.
7 (5) The commission shall include the provisions of
8 section 2523 (relating to rendering assistance after
9 accidents) in 12-point boldface type in all commission
10 publications of regulations issued to the public.
11 * * *
12 Section 10. Sections 2705 and 2709 SECTION 2705 of Title 34, <--
13 amended April 4, 1996 (P.L.55, No.19), are IS amended to read: <--
14 § 2705. Classes of licenses.
15 Unless otherwise provided, any person wishing to exercise any
16 of the privileges granted by this title shall first secure the
17 applicable resident or nonresident hunting or furtaker license
18 as follows:
19 (1) Adult resident hunting licenses to residents who
20 have reached their 17th birthday but have not reached their
21 65th birthday.
22 (2) Junior resident hunting and furtaker licenses to
23 residents who have reached or will reach their 12th birthday
24 in the calendar year of application for a license but who
25 have not reached their 17th birthday prior to the date of the
26 application for the license and who present a written
27 request, bearing the signature of a parent or guardian, for
28 the issuance of a license. The actual hunting privileges
29 granted to the holder of a junior license shall not be
30 exercised until that person in fact is 12 years of age.
19960H2463B3938 - 21 -
1 (3) Senior resident hunting licenses or, at the option
2 of the applicant, a senior lifetime resident hunting license
3 to residents who have reached or will reach their 65th
4 birthday in the year of the application for the license. The
5 commission shall develop, implement and administer a system
6 to provide tags, report cards and applications to those
7 residents who hold a senior lifetime resident hunting license
8 issued under this paragraph. The system shall require the
9 applicant or license holder to pay any approved fee assessed
10 by the issuing agent.
11 (4) Adult resident furtaker licenses to residents who
12 have reached their 17th birthday but have not reached their
13 65th birthday.
14 (5) [Junior resident furtaker licenses to residents who
15 have reached or will reach their 12th birthday in the
16 calendar year of application for a license but who have not
17 reached their 17th birthday prior to the date of the
18 application for the license and who present a written
19 request, containing the signature of a parent or guardian,
20 for the issuance of a license. The actual furtaking
21 privileges granted to the holder of a junior license shall
22 not be exercised until that person in fact is 12 years of
23 age.] (Reserved).
24 (6) Senior resident furtaker licenses or, at the option
25 of the applicant, a senior lifetime resident furtaker license
26 to residents who have reached or will reach their 65th
27 birthday in the year of the application for the license.
28 (7) (Reserved).
29 (8) Adult nonresident hunting licenses to all
30 nonresidents of 17 years of age or older.
19960H2463B3938 - 22 -
1 (9) Junior nonresident hunting licenses to all
2 nonresidents who have reached or will reach their 12th
3 birthday in the calendar year of application for a license
4 but who have not reached their 17th birthday prior to the
5 date of the application for the license and who present a
6 written request, bearing the signature of a parent or
7 guardian, for the issuance of a license. The actual hunting
8 privileges granted to the holder of a junior license shall
9 not be exercised until that person in fact is 12 years of
10 age.
11 (10) Adult nonresident furtaker licenses to nonresidents
12 of 17 years of age or older.
13 (11) Junior nonresident furtaker licenses to
14 nonresidents who have reached or will reach their 12th
15 birthday in the calendar year of application for a license
16 but who have not reached their 17th birthday prior to the
17 date of the application for the license and who present a
18 written request, containing the signature of a parent or
19 guardian, for the issuance of a license. The actual furtaking
20 privileges granted to the holder of a junior license shall
21 not be exercised until that person in fact is 12 years of
22 age.
23 (12) Seven-day nonresident small game license to persons
24 eligible to procure a nonresident hunting license. The
25 license shall be valid for a period of seven consecutive
26 days. The holder of the license shall be entitled to hunt
27 for, take or kill crows and small game.
28 (13) Antlerless deer licenses, bear licenses, archery
29 licenses, muzzleloader licenses and any other license
30 required to insure just and proper administration of this
19960H2463B3938 - 23 -
1 title and sound game or wildlife conservation to eligible
2 persons, subject to the regulations, requirements and
3 conditions which the commission shall establish. Any such
4 license shall be made available to residents serving on
5 active duty in the armed forces of the United States or in
6 the United States Coast Guard without regard to quota
7 limitations or application deadlines.
8 (14) Migratory game bird licenses for hunting all
9 migratory game birds to eligible persons, subject to the
10 regulations, requirements and conditions which the commission
11 shall establish. Any such license shall be made available to
12 residents serving on active duty in the armed forces of the
13 United States or in the United States Coast Guard without
14 regard to quota limitations or application deadlines.
15 SECTION 11. SECTION 2706(B) OF TITLE 34 IS AMENDED TO READ: <--
16 § 2706. RESIDENT LICENSE AND FEE EXEMPTIONS.
17 * * *
18 (B) DISABLED VETERANS.--
19 (1) ANY RESIDENT DISABLED VETERAN OF ANY WAR OR ARMED
20 CONFLICT WHOSE PHYSICAL DISABILITY CONSISTS OF THE LOSS OF
21 ONE OR MORE LIMBS, OR THE LOSS OF THE USE OF ONE OR MORE
22 LIMBS, OR WHOSE PHYSICAL DISABILITY IS CONSIDERED TOTAL AND
23 WHO MEETS ALL OTHER QUALIFICATIONS OF THIS TITLE AND IS
24 OTHERWISE MENTALLY AND PHYSICALLY FIT, SHALL BE ISSUED A
25 REGULAR HUNTING OR FURTAKING LICENSE UPON APPLICATION TO ANY
26 COUNTY TREASURER, WITHOUT THE PAYMENT OF THE LICENSE COST, IF
27 THAT PERSON IS DOMICILED IN THIS COMMONWEALTH.
28 (2) THE APPLICATION FOR THE ISSUANCE OF THIS LICENSE
29 SHALL, IN ADDITION TO THE OTHER INFORMATION REQUIRED BY THE
30 DIRECTOR, CONTAIN A STATEMENT THAT THE APPLICANT IS A WAR OR
19960H2463B3938 - 24 -
1 ARMED CONFLICT VETERAN AND THAT HIS PHYSICAL DISABILITY WAS
2 SERVICE INCURRED.
3 (3) THE APPLICANT SHALL PRODUCE THE APPLICANT'S
4 DISCHARGE PAPERS AND A [VETERANS' ADMINISTRATION] DEPARTMENT
5 OF VETERANS AFFAIRS DISABILITY CERTIFICATION TO THE EFFECT
6 THAT THE APPLICANT SUFFERS TOTAL PHYSICAL DISABILITY.
7 (4) IF A DISABLED VETERAN WHO QUALIFIES FOR ISSUANCE OF
8 A LICENSE UNDER THIS SUBSECTION PRESENTS DOCUMENTATION TO
9 SHOW THAT THE QUALIFYING DISABILITY IS PERMANENT, THE COUNTY
10 TREASURER SHALL ISSUE THE DISABLED VETERAN A LIFETIME HUNTING
11 OR FURTAKING LICENSE.
12 (5) IN A COUNTY WHERE THERE IS NO COUNTY TREASURER BY
13 VIRTUE OF A HOME RULE CHARTER OR OPTIONAL PLAN OF GOVERNMENT,
14 THE COUNTY OFFICIAL WHO PERFORMS THE FUNCTIONS OF A COUNTY
15 TREASURER AND WHO HAS BEEN DESIGNATED AN ISSUING AGENT BY THE
16 COMMISSION SHALL ISSUE LICENSES UNDER THIS SUBSECTION.
17 * * *
18 SECTION 12. SECTION 2709 OF TITLE 34, AMENDED APRIL 4, 1996
19 (P.L.55, NO.19), IS AMENDED TO READ:
20 § 2709. License costs and fees.
21 (a) License costs.--Any person who qualifies under the
22 provisions of this chapter shall be issued the applicable
23 license upon payment of the following costs and the issuing
24 agent's fee:
25 (1) Junior resident hunting and furtaker - $5.
26 (2) Adult resident hunting - $12.
27 (3) (i) Senior resident hunting - $10.
28 (ii) Senior lifetime resident hunting - $50.
29 (4) Bear hunting:
30 (i) Resident - $10.
19960H2463B3938 - 25 -
1 (ii) Nonresident - $25.
2 (5) Antlerless deer, including resident military,
3 resident disabled veteran and landowner - $5.
4 (6) Archery deer - $5.
5 (7) Muzzleloader deer - $5.
6 (8) (Deleted by amendment).
7 (9) Adult nonresident hunting - $80.
8 (10) Junior nonresident hunting - $40.
9 (11) Seven-day nonresident small game - $15.
10 [(12) Junior resident furtakers - $5.]
11 (13) Adult resident furtakers - $12.
12 (14) (i) Senior resident furtakers - $10.
13 (ii) Senior lifetime resident furtaker - $50.
14 (15) Adult nonresident furtaker - $80.
15 (16) Junior nonresident furtaker - $40.
16 (17) Resident disabled veteran hunting or furtaker under
17 section 2706(b) (relating to disabled veterans) - no cost.
18 (18) Replacement license - $5. Antlerless deer and bear
19 licenses shall be replaced by the original issuing agent
20 only.
21 (19) Owners or possessors of land open to public hunting
22 under section 2706(d) (relating to owners or possessors of
23 land open to public hunting) - $3.
24 (20) Migratory game bird hunting license - issuing agent
25 fee only.
26 (b) Refunds.--Except as provided in section 501 (relating to
27 refund of moneys paid erroneously or unjustly), license fees are
28 not refundable.
29 (c) Agent fee.--Issuing agents shall be entitled to and may
30 retain as full compensation for their services an additional sum
19960H2463B3938 - 26 -
1 of 75¢ for each license or replacement license.
2 SECTION 13. SECTION 2926 OF TITLE 34 IS AMENDED TO READ: <--
3 § 2926. TAXIDERMY PERMITS.
4 (A) REQUIREMENTS.--UNLESS FURTHER PROVIDED BY COMMISSION
5 REGULATION, ANY PERSON NOW HOLDING A TAXIDERMY PERMIT SHALL BE
6 ELIGIBLE FOR A RENEWAL. THE COMMISSION SHALL SET UP A SYSTEM OF
7 EXAMINATIONS TO DETERMINE THE FITNESS OF ALL FUTURE APPLICANTS
8 FOR THE PERMITS, INCLUDING THE ESTABLISHMENT OF APPROPRIATE FEES
9 COVERING THE COST OF SUCH EXAMINATION. NOTHING CONTAINED IN THIS
10 SECTION SHALL PRECLUDE THE REQUIREMENTS OF ANY OTHER STATE OR
11 FEDERAL LAW.
12 (B) ACTIVITIES AUTHORIZED.--PERMITS ISSUED TO PERSONS
13 RESIDING WITHIN THIS COMMONWEALTH DESIRING TO PRACTICE TAXIDERMY
14 SHALL AUTHORIZE THE HOLDER THEREOF TO:
15 (1) UNLESS OTHERWISE RESTRICTED, RECEIVE FROM ANY PERSON
16 ANY BIRD OR ANIMAL THAT HAS BEEN LEGALLY OR ACCIDENTALLY
17 KILLED, KEEP THE SPECIMEN OR ANY PART THEREOF IN POSSESSION
18 INDEFINITELY AND MOUNT THE SPECIMEN OR ANY PART THEREOF,
19 EITHER HIMSELF OR THROUGH ANY LEGITIMATE EMPLOYEE.
20 (2) SELL OR DISPOSE OF ANY UNCLAIMED SPECIMEN.
21 (3) MOUNT AND SELL ANY BIRD OR ANIMAL WHICH IS LAWFULLY
22 DISPOSED OF UNDER AUTHORITY OF THIS TITLE AND THE STATE OR
23 NATION WHERE KILLED OR TAKEN.
24 (B.1) SPECIFIC AREAS.--
25 (1) A TAXIDERMIST MAY BE LICENSED TO OBTAIN A PERMIT FOR
26 ONE OR MORE OF THE FOLLOWING AREAS:
27 (I) BIG AND SMALL GAME ANIMALS, EXCLUDING WILD
28 TURKEY;
29 (II) FISH; AND
30 (III) GAME BIRDS, INCLUDING WILD TURKEY.
19960H2463B3938 - 27 -
1 (2) AN INDIVIDUAL, AS PART OF THE TAXIDERMY EXAMINATION,
2 MUST PRESENT FIVE SPECIMENS FROM EACH GROUP FOR WHICH HE IS
3 SEEKING A PERMIT.
4 (3) FOR PURPOSES OF THIS SUBSECTION ONLY, THE TERM "BIG
5 GAME" IN SECTION 102 (RELATING TO DEFINITIONS), SHALL NOT
6 INCLUDE THE WILD TURKEY.
7 (C) UNLAWFUL ACTS.--IT IS UNLAWFUL:
8 (1) FOR ANY TAXIDERMIST TO MOUNT ANY BIRD OR ANIMAL, OR
9 PART THEREOF, PROTECTED BY THIS TITLE, WHICH WAS NOT LAWFULLY
10 KILLED OR RAISED UNDER AUTHORITY OF A PROPAGATING PERMIT
11 UNTIL THE OWNER THEREOF PRESENTS A PERMIT OBTAINED FROM THE
12 COMMISSION AND, IN THE CASE OF MIGRATORY BIRDS, THE REQUIRED
13 FEDERAL PERMIT.
14 (2) FOR ANY PERSON TO DO TAXIDERMY WORK FOR ANOTHER
15 WITHOUT A PERMIT. EMPLOYEES OF A LICENSED TAXIDERMIST MAY
16 PERFORM TAXIDERMY WORK WITHOUT A PERMIT AT THE PERMITTEE'S
17 SHOP UNDER THE SUPERVISION OF THE PERMITTEE WHO SHALL BE
18 SOLELY RESPONSIBLE FOR THE QUALITY OF THE WORK.
19 (3) TO VIOLATE ANY OTHER PROVISION OF THIS SECTION.
20 (D) PENALTY.--A VIOLATION OF THIS SECTION IS A SUMMARY
21 OFFENSE OF THE [FOURTH] SECOND DEGREE.
22 Section 11 14. This act shall take effect as follows: <--
23 (1) The amendment or addition of 34 Pa.C.S. §§ 925,
24 929(a), (a.1) and (a.2), 2501, 2521, 2522, 2522.1, 2523, 2705
25 and 2709 shall take effect July 1, 1996.
26 (2) The amendment of 34 Pa.C.S. § 2312 §§ 2312 AND 2926 <--
27 shall take effect in 60 days.
28 (3) The remainder of this act shall take effect
29 immediately.
B23L34RZ/19960H2463B3938 - 28 -