SO... WHAT DOES PENNSYLVANIA SENATE BILL 1202 ACTUALLY SAY?

SO... WHAT DOES PENNSYLVANIA SENATE BILL 1202 ACTUALLY SAY?

PRINTER'S NO.  1846

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY LAUGHLIN, BREWSTER AND STREET, JUNE 11, 2018

REFERRED TO GAME AND FISHERIES, JUNE 11, 2018

 

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in hunting and furtaking, further providing for hunting on Sunday prohibited, providing for hunting on Sunday, and further providing for trespass on private property while hunting.

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 amended by adding a subsection to read:

§ 2303.  Hunting on Sunday prohibited.

(d)  Expiration.--This section shall expire upon the publication of the regulation under section 2303.1(b) (relating to hunting on Sunday).

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.--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 2314 of Title 34 is amended to read:

§ 2314.  Trespass on private property while hunting.

[(a)  General rule.--Any person who while violating any provision of this title or any regulations promulgated under this title and who in addition is found to be trespassing as defined in 18 Pa.C.S. § 3503 (relating to criminal trespass) shall be in violation of this section.

(b)  Penalty.--A violation of this section:

(1)  A violation of this section is a summary offense of the fifth degree.

(2)  A second or subsequent violation of this section within a seven-year period is a summary offense of the fifth degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of one year.]

(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.

(b)  Penalty.--An offense under this section shall be graded 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.

Section 4.  This act shall take effect in 60 days.

Read: Senate Bill 1202