Posted: | January 26, 2015 03:45 PM |
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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. (Former HB2199) 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. 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. Previous Cosponsor: BAKER, CALTAGIRONE, CAUSER, COHEN, COX, CUTLER, EVANKOVICH, EVERETT, GINGRICH, GODSHALL, HARRIS, KAUFFMAN, KORTZ, LONGIETTI, MALONEY, MARSHALL, MILLARD, MULLERY, PICKETT, PYLE, READSHAW, SAYLOR. |
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View Attachment |
Introduced as HB455