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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=18676
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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: June 30, 2015 03:29 PM
From: Representative Mike Reese
To: All House members
Subject: Court Fees for Property Seized by the PA Game Commission
 
In the near future, I intend to introduce legislation to amend Title 42 of Pennsylvania’s consolidated statutes as they relate to property seized by the Pennsylvania Game Commission (PGC).

Under current law, the PGC may seize certain property or belongings of a sportsman or sportswoman when an individual is suspected of violating a provision of the Game Code. However, if an individual is subsequently found not guilty of violating Game Law by the court, that individual must file a motion for return of property under Rule 588 of the Pennsylvania Rules of Criminal Procedure before the court of common pleas in order to have the seized property returned. In response, the PGC could challenge that motion.

My legislation would provide that in situations such as this, where the PGC challenges a motion by the hunter for return of property, and the court finds in favor of the hunter, the court fees associated with the motion for return of property should be incurred by the PGC and not the hunter.

Thank you in advance for your consideration of this proposal.



Introduced as HB1495