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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | April 3, 2014 11:24 AM |
|---|---|
| From: | Representative Mark K. Keller |
| To: | All House members |
| Subject: | Title 34 Protection from Self-Incrimination |
| In the near future, I will introduce legislation that seeks to amend Title 34 (Game and Wildlife Code) of the PA Consolidated Statutes as it relates to an individual’s right to remain silent during questioning in the investigation of a potential violation of the Game Code. Currently under the Game Code, it is unlawful to refuse to answer, without evasion, upon request of any representative of the Game Commission, any pertinent question pertaining to the killing or wounding of any game or wildlife. This is not consistent with the constitutional principle that protects an individual against self-incrimination. Anyone accused of a crime has a right to remain silent, and this provision in the Game Code essentially penalizes people for exercising that right. Recently, a constituent of mine was charged under this section of the law during an investigation of the possible illegal killing of a deer. He successfully fought the charge based on his constitutional right to not incriminate himself. The court and the county prosecutor’s office both agreed with his constitutionality argument. In fact, even the Game Commission has stated publically that this is “one of the more archaic” elements of state game law. Therefore, I believe it is time to remove this problematic section of the law to ensure there is no longer an issue with constitutionality, and individuals under investigation by the Game Commission will know their right against self-incrimination under questioning is protected. Thank you for your consideration of this proposal. |
Introduced as HB2199