Pennsylvania Act 2002-79 — GAME AND WILDLIFE CODE (34 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

GAME AND WILDLIFE CODE (34 PA.C.S.) - OMNIBUS AMENDMENTS
                  Act of Jun. 28, 2002, P.L. 474, No. 79              Cl. 34
                             Session of 2002
                               No. 2002-79

     HB 2125

                                  AN ACT

     Amending Title 34 (Game) of the Pennsylvania Consolidated
        Statutes, further providing for the powers and duties of
        enforcement officers and deputy game commission officers;
        authorizing licensed hunters to remove deer over baited areas
        in certain areas pursuant to Pennsylvania Game Commission
        regulations; and increasing the penalty for safety zone
        violations.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 901(a), 902, 2308(b) and 2505(b) of
     Title 34 of the Pennsylvania Consolidated Statutes are amended
     to read:
      § 901.  Powers and duties of enforcement officers.
        (a)  Powers.--Any officer whose duty it is to enforce this
     title or any officer investigating any alleged violation of this
     title shall have the power and duty to:
            (1)  Enforce all laws of this Commonwealth relating to
        game or wildlife and arrest any person who has violated any
        of the provisions of this title while in pursuit of that
        person immediately following the violation.
            (2)  Go upon any land or water outside of buildings,
        posted or otherwise, in the performance of the officer's
        duty.
            (3)  Serve subpoenas issued under the provisions of this
        title.
            (4)  Carry firearms or other weapons, concealed or
        otherwise, in the performance of the officer's duties.
            (5)  Purchase and resell game or wildlife, or any part
        thereof, for the purpose of securing evidence.
            (6)  Stop and inspect or search, at any time, any means
        of transportation within this Commonwealth. Any officer who
        stops any means of transportation shall be in uniform and
        present a badge or other means of official identification and
        state the purpose of the inspection or search.
            (7)  Inspect and examine or search, at any time or place,
        any person or means of transportation or its attachment or
        occupants, or any clothing worn by any person, or any bag,
        clothing or container when the officer presents official
        identification and states the purpose of the inspection or
        search.
            (8)  Inspect and examine or search, at any time, any
        camp, tent, cabin, trailer or any means of transportation or
        its attachment being used when the officer presents official
        identification to the person in charge and states the purpose
        of the inspection or search.
            (9)  Secure and execute all warrants and search warrants
        for violations of this title or, with proper consent, to
        search or enter any building, dwelling, house, tavern, hotel,
        boardinghouse, enclosure, vehicle or craft or any attachments
        thereto, to open, by whatever means necessary, any door,
        compartment, chest, locker, box, trunk, bag, basket, package
        or container and to examine the contents thereof and seize
        any evidence or contraband found therein.
            (10)  When making an arrest or an investigation or when
        found in the execution of a search warrant, seize and take
        possession of all game or wildlife or parts of game or
        wildlife which have been taken, caught, killed, had or held
        in possession, and seize all firearms, shooting or hunting
        paraphernalia, vehicles, boats, conveyances, traps, dogs,
        decoys, automotive equipment, records, papers, permits,
        licenses and all contraband or any unlawful device, implement
        or other appliance used in violation of any of the laws
        relating to game or wildlife.
            (11)  Administer any oaths required by the provisions of
        this title or relative to any violation of any law relating
        to game or wildlife and, where game or wildlife is found in a
        camp or in possession or under control of any individual or
        hunting party, question the person or persons, under oath,
        relative to the taking, ownership or possession of the game
        or wildlife.
            (12)  Operate or move any vehicle, permanently or
        temporarily equipped with a type of flashing or rotating red
        light or lights or audible device or both, approved by the
        commission, upon any street or highway within this
        Commonwealth when performing duties within the scope of
        employment.
            (12.1)  Operate any vehicle owned or leased by the
        Commonwealth and used for law enforcement purposes, equipped
        with flashing or rotating lights of such color and
        combination and audible devices as authorized in the
        definition of "emergency vehicle" in 75 Pa.C.S. § 102
        (relating to definitions) and approved by the commission,
        upon any street or highway within this Commonwealth when
        performing duties within the scope of employment. Drivers of
        Commonwealth-owned or Commonwealth-leased vehicles equipped
        with lights and audible devices as authorized in this
        subchapter may exercise the privileges and shall be subject
        to the conditions as set forth in 75 Pa.C.S. § 3105 (relating
        to drivers of emergency vehicles).
            (13)  Demand and secure assistance when the officer deems
        it necessary.
            (14)  Demand and secure identification from any person.
            (15)  Enforce all the laws of this Commonwealth and
        regulations promulgated thereunder relating to fish, boats,
        parks and forestry and other environmental matters, under the
        direction of those agencies charged with the administration
        of these laws.
            (16)  Require the holder of any license or permit
        required by this title or by commission regulation to sign
        the holder's name on a separate piece of paper in the
        presence of the requesting officer.
            (17)  When acting within the scope of the officer's
        employment, pursue, apprehend or arrest any individual
        suspected of violating any provision of Title 18 (relating to
        crimes and offenses) or any other offense classified as a
        misdemeanor or felony. The officer shall also have the power
        to serve and execute warrants issued by the proper
        authorities for offenses referred to in this paragraph and to
        serve subpoenas issued for examination. All powers as
        provided for in this paragraph will be limited by such
        administrative procedure as the director, with the approval
        of the commission, shall prescribe. The regulations shall be
        promulgated within 90 days of the effective date of this
        paragraph.
            (18)  When acting within the scope of the officer's
        employment and under the procedures outlined by the executive
        director, to use a facsimile in the enforcement of the
        provisions of this title and the regulations promulgated
        hereunder.
        * * *
      § 902.  Deputy Game Commission officers.
        Except for the powers conferred under section 901(a)(12.1),
     (17) and (18) (relating to powers and duties of enforcement
     officers), deputy Game Commission officers shall, unless further
     restricted by the director, exercise all the powers and perform
     all the duties conferred by this title on Game Commission
     officers, except deputy wildlife conservation officers shall not
     be authorized to issue citations or field acknowledgments of
     guilt for violations and shall provide the information to the
     wildlife conservation officer. Retired wildlife conservation
     officers, retired waterways conservation officers, State park
     rangers, State forest rangers or current or retired State or
     municipal police officers shall exercise all powers and duties
     conferred on deputy Game Commission officers, including the
     right to issue citations and field acknowledgments of guilt for
     violations.
      § 2308.  Unlawful devices and methods.
        * * *
        (b)  Exceptions.--The provisions of subsection (a) shall not
     apply to:
            (1)  Any archery sight or firearm's scope which contains
        and uses any mechanical, photoelectric, ultraviolet or solar-
        powered device to solely illuminate the sight or crosshairs
        within the scope. No archery sight or firearm's scope shall
        contain or use any device, no matter how powered, to project
        or transmit any light beam, infrared beam, ultraviolet light
        beam, radio beam, thermal beam, ultrasonic beam, particle
        beam or other beam outside the sight or scope onto the
        target.
            (2)  (i)  Any political subdivision, its employees or
            agents, which has a valid deer control permit issued
            under section 2902(c) (relating to general categories of
            permits).
                (ii)  Any licensed hunter in cities of the first
            class, while hunting on private property and using a bow
            and arrow or crossbow, using bait to attract deer for
            removal as provided by commission regulations.
                (iii)  Any licensed hunter in special regulation
            areas, other than counties of the second class, using
            bait to attract deer for removal as provided by
            commission regulations.
            (3)  Any artificial or manufactured turkey blind
        consisting of all manmade materials of sufficient density to
        block the detection of movement within the blind from an
        observer located outside of the blind.
        * * *
      § 2505.  Safety zones.
        * * *
        (b)  Penalty.--A violation of this section is a summary
     offense [of the fourth degree.] punishable by a fine of not less
     than $200 nor more than $500. A second or subsequent offense
     within two calendar years is a summary offense punishable by a
     fine of not less than $500 nor more than $1,000.
        * * *
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 28th day of June, A. D. 2002.

     MARK S. SCHWEIKER