Re: SB 71 SB 77
The intent of Senate Bill 71 is pretty clear; let's take trespassing more seriously. However, this bill in its current form is bad news. First, the language authorizing WCOs to enforce section 2314 is unnecessary. WCOs already have the authority to enforce all sections of the game code. Second, the language increases the penalty from a summary of the 5th degree to a summary of the 3rd degree which is a significant jump but it doesn't increase the penalty for the second and subsequent offense (leaves it at an S5 for a repeat offender?) Finally, as I read it, if you are hunting or trapping while trespassing, you're looking at a misdemeanor of the first degree. The penalty for an M1 under the game law is up to a $10000 fine and up to 18 months in prison. This is the same penalty for negligently shooting and killing a human being while hunting. Look it up. Title 34 Section 2522. I think they need to go back to the drawing board on this one.
PRINTER'S NO. 49
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY ALLOWAY, BREWSTER, SCHWANK, RAFFERTY, AUMENT, VANCE AND WHITE, JANUARY 14, 2015
REFERRED TO GAME AND FISHERIES, JANUARY 14, 2015
1Amending Title 34 (Game) of the Pennsylvania Consolidated
2Statutes, in enforcement, further providing for powers and
3duties of enforcement officers; and, in hunting and
4furtaking, further providing for the offense of trespass on
5private property while hunting.
6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:
8Section 1. Section 901(a) of Title 34 of the Pennsylvania
9Consolidated Statutes is amended by adding a paragraph to read:
10§ 901. Powers and duties of enforcement officers.
11(a) Powers.--Any officer whose duty it is to enforce this
12title or any officer investigating any alleged violation of this
13title shall have the power and duty to:
14* * *
15(20) Enforce the provisions of section 2314 (relating to
16trespass on private property while hunting). This shall
17include the ability to issue citations for violations of
19* * *
1Section 2. Section 2314 of Title 34 is amended to read:
2§ 2314. Trespass on private property while hunting.
3(a) General rule.--Any person who while violating any
4provision of this title or any regulations promulgated under
5this title [and who in addition] is found to be trespassing as
6defined in 18 Pa.C.S. § 3503 (relating to criminal trespass)
7shall be in violation of this section.
8(b) Penalty.--[A violation of this section] Except as
9otherwise provided in subsection (c):
10(1) A violation of this section is a summary offense of
11the [fifth] third degree.
12(2) A second or subsequent violation of this section
13within a seven-year period is a summary offense of the fifth
14degree and may result in forfeiture of the privilege to hunt
15or take game or wildlife anywhere within this Commonwealth
16for a period of one year.
17(c) Separate grading of violations.--A person commits a
18misdemeanor of the first degree if he violates subsection (a):
19(1) after a verbal or written warning was given; or
20(2) for the purpose of hunting or furtaking.
21Section 3. This act shall take effect in 60 days.