New anti-poaching law approved with compromise
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On Friday, Gov. Ed Rendell signed into law a sweeping change in the Pennsylvania Game Code that significantly increases penalties for wildlife poaching, including for the first time jail sentences for some first-time offenders.
Before they recessed for the summer July 3, state lawmakers passed House Bill 1859, which was patterned after language in the Pennsylvania Crimes Code regarding theft offenses, whereby the more a violator steals, the higher the penalties.
First-time offenders caught jacklighting a deer, killing a deer or turkey out of season, or exceeding the deer or turkey bag limit face 90 days in jail, a fine of at least $1,000 and a three-year loss of hunting privileges. First offense for bear or elk violations could result in a fine up to $3,000, up to six months in jail or the loss of hunting license privileges for up to five years.
The former penalty for shooting a deer at night using a light was $200 to $300. Under the new law, which takes effect in September, punishments for illegally shooting other big game animals or multiple deer increase from summary offenses to misdemeanors and, in some cases, felonies. Serial poaching or committing multiple illegal kills in a single episode rise to the felony level and up to three years incarceration.
But passage of the bill, which was debated in the state legislature for two years, didn't come without compromise. A last-minute amendment tacked onto the bill ensures that convicted game code felons do not lose certain civil rights that are stripped from other felony offenders. The amendment softens the law's impacts on employment, voting and "other purposes," but stops short of specifically mentioning the denial of gun ownership rights, although the amendment's sponsor says that was the intent.
"Threatening to take away someone's right to bear arms made me nervous because it's truly one of the most valued rights we have," said Sen. Richard Alloway, R-Franklin. "It made my colleagues in the Senate nervous, too. This amendment was the only way we could get the votes needed to pass the bill."
Republican lawmakers and the National Rifle Association fought the bill, trying to push its sponsor, Rep. Ed Staback, D-Lackawanna, to take out felony penalties that threatened gun ownership. Staback said he agreed to add the felony amendment because federal restrictions on gun purchasing and possession would close any loophole it created.
First Published July 11, 2010 12:00 am
