PRINTER'S NO.
89
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
97
Session of 2009
INTRODUCED BY STABACK, BAKER, BELFANTI, BEYER, CALTAGIRONE,CARROLL, CREIGHTON, FAIRCHILD, GILLESPIE, GOODMAN, HALUSKA,KAUFFMAN, KOTIK, LEVDANSKY, LONGIETTI, McCALL, PEIFER,SIPTROTH, SOLOBAY, SWANGER, VULAKOVICH, WANSACZ, KORTZ ANDCASORIO, JANUARY 28, 2009REFERRED TO COMMITTEE ON GAME AND FISHERIES, JANUARY 28, 2009AN ACTAmending Title 34 (Game) of the Pennsylvania ConsolidatedStatutes, in preliminary provisions, further providing fordefinitions; in enforcement, further providing for theoffense of assaulting an officer, for jurisdiction andpenalties, for revocation, suspension or denial of license,permit or registration and for determination of second orsubsequent convictions; in game or wildlife protection,further providing for endangered or threatened species; inhunting and furtaking, further providing for killing game orwildlife by mistake, for unlawful taking or possession ofgame or wildlife, for unlawful use of lights while hunting,for buying and selling game, for trespass on private propertywhile hunting, for unlawful killing or taking of big game andfor additional penalty for poaching; and, in hunting andfurtaking licenses, further providing for unlawful actsconcerning licenses.The General Assembly of the Commonwealth of Pennsylvaniahereby enacts as follows:Section 1. The definitions of "closed season," "openseason," "poaching" and "violation" in section 102 of Title 34of the Pennsylvania Consolidated Statutes are amended to read:§ 102. Definitions.Subject to additional definitions contained in subsequent
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provisions of this title which are applicable to specificprovisions of this title, the following words and phrases whenused in this title shall have the meanings given to them in thissection unless the context clearly indicates otherwise:* * *"Closed season." The periods of the calendar year and the[shooting] hours during which it is unlawful to take game orwildlife.* * *"Open season." The indicated periods of the calendar yearand the daily [shooting] hours during which game or wildlife maybe legally hunted, taken or killed and includes both the firstand the last day of the season or period of time designated bythis title or by regulation of the commission.* * *"Poaching." To unlawfully take, injure, kill or possess oraid, abet, assist, attempt or conspire to hunt, take, injure,kill or possess game or wildlife during closed season, beyondestablished daily or season limits or by means of or as a resultof multiple violations of the provisions of this title or theregulations promulgated thereunder.* * *"Violation." [A] Any act or act of omission in violation ofa provision of this title [and a violation of a] or anyregulation promulgated by the commission which implements orotherwise pertains to any provision of this title.* * *Section 2. Sections 905, 925, 929(a) and (b), 932, 2167,2306, 2307(e), 2310(a)(2) and (c), 2312(a) and (d), 2314 and2321 of Title 34 are amended to read:20090HB0097PN0089
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§ 905. Assaulting an officer.[A] Any person who intentionally, knowingly or recklesslyattempts to cause or causes bodily injury to an officer makingan arrest or investigation for a violation of this title orperforming any duties required by this title commits a[misdemeanor] felony of the second degree.§ 925. Jurisdiction and penalties.(a) Jurisdiction.--Notwithstanding the provisions of Title42 (relating to judiciary and judicial procedure), allmagisterial district judges shall have jurisdiction for allviolations of this title which are classified as summaryoffenses and may accept guilty pleas and impose sentences forviolations of this title classified as misdemeanors.(b) Fines and penalties for violations.--In addition to anyother requirements of this title, the following fines andpenalties shall be imposed for violations of this title:(1) Felony of the second degree, not less than $10,000nor more than $25,000 and may be sentenced to imprisonment upto 60 months.(2) Felony of the third degree, not less than $10,000nor more than $15,000 and may be sentenced to imprisonment upto 36 months.[(1)] (3) Misdemeanor of the first degree, not less than[$2,000] $5,000 nor more than $10,000 and may be sentenced toimprisonment up to [six] 24 months.[(2)] (4) Misdemeanor of the second degree, not lessthan [$1,000] $3,000 nor more than $5,000 and may besentenced to imprisonment up to [six] 12 months.[(3)] (5) Misdemeanor of the third degree, not less than[$500] $1,500 nor more than [$2,500] $3,000 and may be20090HB0097PN0089
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