PRINTER'S NO. 418

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 388 Session of 1985


        INTRODUCED BY MURPHY, ITKIN, SEVENTY, O'DONNELL, MICHLOVIC, BOOK
           AND IRVIS, FEBRUARY 13, 1985

        REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 13, 1985

                                     AN ACT

     1  Prohibiting steel-jawed leghold type animal traps; and providing
     2     a penalty.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Definitions.
     6     The following words and phrases when used in this act shall
     7  have the meanings given to them in this section unless the
     8  context clearly indicates otherwise:
     9     "Steel-jawed leghold trap."  A device which consists of a
    10  metal ring hinged at the middle, triggered by a pan connected to
    11  a spring which, when activated, snaps steel "jaw type"
    12  restraining bars tightly together.
    13  Section 2.  Steel-jawed leghold trap; penalties.
    14     (a)  Prohibition.--No person shall sell, offer for sale,
    15  possess, import or transport an animal trap of the steel-jawed
    16  leghold type.
    17     (b)  Trapping.--No person shall take or attempt to take any


     1  animal by means of a trap of the steel-jawed leghold type.
     2     (c)  Possession.--The possession of a trap of the steel-jawed
     3  leghold type shall be prima facie evidence of a violation of
     4  subsection (b), except that no person shall be charged with a
     5  violation while in the process of surrendering such trap to a
     6  law enforcement agency or game commission.
     7     (d)  Exempt.--Mouse and rat traps designed for use in or
     8  under buildings shall not be construed to be steel-jawed leghold
     9  traps. Exhibition of steel-jawed leghold traps by nonprofit
    10  humane organizations shall be exempt from the provisions of this
    11  act.
    12     (e)  Surrender of traps.--All persons, groups and
    13  organizations, except those specifically exempt by this act,
    14  shall surrender any steel-jawed leghold traps in their
    15  possession to any appropriate law enforcement agency.
    16     (f)  Penalties.--A person violating this act shall, for each
    17  illegal trap, be fined not less than $100 nor more than $250 for
    18  a first offense; not less than $250 nor more than $500 for a
    19  second offense; and not less than $500 nor more than $2,500, or
    20  imprisonment for six months, or both fine and imprisonment, for
    21  a third and each subsequent offense.
    22     (g)  Confiscation.--All equipment, animals and pelts used in
    23  or obtained by a violation of this act shall be confiscated by
    24  the Pennsylvania Game Commission or any law enforcement agency
    25  acting as its agent.
    26  Section 3.  Effective date.
    27     This act shall take effect in 60 days.


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