Session: 2023-2024
ACLU-PA Position: Opposes
SB 709 (PN 841) would amend 34 § 2164 (unlawful taking and possession of protected birds) to add a separate, additional summary offense with a $2,000 fine for killing a bald or golden eagle, on top of the existing misdemeanor penalty for the same action.
SB 709 would also amend 34 § 2167 (endangered or threatened species) to enhance the penalties for killing a bald or golden eagle one degree higher than for any other endangered or threatened species. Currently, this offense already provides for steep penalties, all of which would carry time in prison, a fine, and a possible license suspension:
- M2: A first violation is a misdemeanor of the second degree, punishable by up to 2 years in prison and $5,000 in fines, and may result in losing the privilege to hunt or take wildlife for 7 years.
- M1: A second violation is a misdemeanor of the first degree, punishable by up to 5 years in prison and $10,000 in fines, and may result in losing the privilege to hunt or take wildlife for 10 years.
- F3: A third or subsequent violation is a third-degree felony, punishable by up to 7 years in prison and $15,000 in fines, and may result in losing the privilege to hunt or take wildlife for 15 years.
SB 709 would increase each of those violations by one degree, so that a first violation would be a first-degree misdemeanor and a third or subsequent violation would be graded as a second-degree felony, punishable by up to 10 years in prison and $25,000 fine. The second-degree felony grading would put this offense on par with how we punish, for example, aggravated indecent assault or involuntary manslaughter of a minor under 12 years old. There is no need to carve out one endangered species for overly punitive penalties.
SB 709 does not attempt to protect bald or golden eagles, but its sponsor does claim that these penalties will deter future harm. However, unless would-be assailants know to look under Title 34 for any new criminal enhancements or unless there is an effort to educate or alert the public about these enhanced penalties, the deterrent effect of SB 709 would be arguable at best.
Governor Shapiro signed SB 709 into law on May 8, 2024 as Act 13 of 2024.
