§930. Disposition of nonresident offenders.

Subject to any inconsistent regulations prescribed pursuant to 42 Pa.C.S. § 3502 (relating to financial regulations):

(1) General rule.--Except as otherwise provided in paragraph (2), upon the apprehension of a nonresident of this Commonwealth for any violation of this title that is a summary offense, the waterways conservation officer or deputy waterways conservation officer shall issue a citation as provided by the Pennsylvania Rules of Criminal Procedure unless the nonresident offender elects to proceed under section 925 (relating to acknowledgment of guilt and receipts for payment).

(2) Arrest of nonresident.--A waterways conservation officer or deputy waterways conservation officer shall be authorized to arrest a nonresident for a summary offense violation of this title and escort him to the appropriate issuing authority for a hearing, posting of bond or payment of the applicable fine and costs only when one or more of the following circumstances exist:

(i) The nonresident offender refuses to accept a citation from the waterways conservation officer.

(ii) In counties where the use of field acknowledgments of guilt is authorized under section 925 (relating to acknowledgment of guilt and receipts for payment), the nonresident offender elects not to sign a field acknowledgment of guilt and refuses to accept a citation from the waterways conservation officer.

(iii) The nonresident offender fails to provide positive identification showing his mailing address.

(iv) The officer has reasonable grounds to believe the nonresident offender is a repeat offender under this title.

(v) The officer has reasonable grounds to believe the nonresident offender is fishing while his fishing privileges are suspended or boating while his boating privileges are suspended.

(vi) The officer has reasonable grounds to believe the nonresident offender has failed to respond to a citation issued under this title or to pay assessed fines or penalties for a prior offense under this title.

(vii) The officer has reasonable grounds to believe the nonresident offender may pose a threat of harm to persons or property or to himself or herself.

(viii) The officer has reasonable grounds to believe the nonresident offender will not appear as required if issued a citation.

The officer shall not exercise his authority to arrest a nonresident under this paragraph if the nonresident offender chooses to place the amount of the applicable fine and costs in a stamped envelope addressed to the appropriate issuing authority and mails the envelope in the presence of the officer.

(3) Form of payment.--The amount of fine and costs to be mailed to the issuing authority under paragraph (2) may be paid by money order, personal or other check or guaranteed arrest bond.

(4) Receipt for payment.--The waterways conservation officer or deputy waterways conservation officer shall give the nonresident offender a receipt for payment, a copy of which shall be mailed with the payment and a copy retained by the officer.

(5) Suspension of fishing and boating privileges.--The fishing privileges of a nonresident offender who fails to respond to a citation issued to him for a fishing violation shall automatically be suspended until the nonresident offender responds to the citation. The boating privileges of a nonresident offender who fails to respond to a boating violation shall automatically be suspended until the nonresident offender responds to the citation. The commission shall notify the agency or agencies with jurisdiction over fishing and boating, as applicable, of the state of a nonresident who fails to respond to citation and shall request assistance from the state of residence.

(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000)