act-2002-0-79•Pennsylvania Act 2002-79 — GAME AND WILDLIFE CODE (34 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 2002-79 — GAME AND WILDLIFE CODE (34 PA.C.S.) - OMNIBUS AMENDMENTS
act-2002-0-792002 Pa. Act 79Law
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
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