PRINTER'S NO. 868
No. 812 Session of 1997
INTRODUCED BY GREENLEAF, HELFRICK, AFFLERBACH, BELL, KUKOVICH,
THOMPSON, TOMLINSON AND KITCHEN, APRIL 1, 1997
REFERRED TO GAME AND FISHERIES, APRIL 1, 1997
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, prohibiting unlawful participation or assistance in
3 a captive taking.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 102 of Title 34 of the Pennsylvania
7 Consolidated Statutes is amended by adding a definition to read:
8 § 102. Definitions.
9 Subject to additional definitions contained in subsequent
10 provisions of this title which are applicable to specific
11 provisions of this title, the following words and phrases when
12 used in this title shall have the meanings given to them in this
13 section unless the context clearly indicates otherwise:
14 * * *
15 "Captive taking." The wounding or killing or the attempted
16 wounding or killing of any mammal for the purpose of amusement
17 when such mammal is tied or staked out or held in a cage, pen or
18 other manmade enclosure, or which is released from a cage, pen
1 or other manmade enclosure immediately prior to such wounding or
2 killing, or which is under the influence of any narcotic or
3 other chemical substance which restricts its ability to maneuver
4 or escape. The term "captive taking" shall not prohibit the
5 hunting or taking of any game in its wild state or the taking of
6 mammals under the authority of any permit, including, but not
7 limited to, a regulated hunting grounds permit under section
8 2928 (relating to regulated hunting grounds permits) and a
9 propagating permit under section 2930 (relating to propagating
10 permits).
11 * * *
12 Section 2. Title 34 is amended by adding a section to read:
13 § 2314. Unlawful participation or assistance in a captive
14 taking.
15 (a) General rule.--It is unlawful for any person to:
16 (1) operate, assist or participate in a captive taking;
17 or
18 (2) possess, transfer, transport, import, export,
19 purchase, sell or propagate any mammal for use at a captive
20 taking.
21 (b) Penalties.--A violation of subsection (a) shall be a
22 misdemeanor of the third degree. A subsequent violation under
23 subsection (a) shall be a misdemeanor of the first degree.
24 Section 3. This act shall take effect in 60 days.
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