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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
hunting; fishing; license; deferred prosecution
Purpose
Allows the Arizona Game and Fish Commission (Commission), on entering a deferred prosecution agreement and after a public hearing, to revoke or suspend a license issued to any person and deny the person the right to secure another license to take or possess wildlife for a period of up to five years for statutorily outlined violations and the unlawful taking or possession of wildlife.
Background
On conviction or after adjudication as a delinquent juvenile and in addition to other statutorily prescribed penalties, the Commission, after a public hearing, may revoke or suspend a license issued to any person and deny the person the right to secure another license to take or possess wildlife for up to five years for: 1) unlawful taking, selling, offering for sale, bartering or possession of wildlife; 2) careless use of firearms that result in the injury or death of any person; 3) destroying, injuring or molesting livestock or damaging or destroying growing crops, personal property, notices, signboards or other improvements while hunting, trapping or fishing; 4) littering public hunting or fishing areas while taking wildlife; 5) knowingly allowing another person to use the person's big game tag; and 6) other statutorily prescribed violations.
On conviction or after adjudication as a delinquent juvenile and in addition to any other statutorily prescribed penalties, the Commission after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife: 1) for up to five years for a first conviction or adjudication; 2) for up to 10 years for a second conviction or adjudication; and 3) permanently for a third conviction or adjudication. A person against whom the Commission imposes a civil penalty for the unlawful taking, wounding, killing or possession of wildlife may be denied the right to obtain a license to take wildlife until the person pays the civil penalty in full (A.R.S. ยง 17-340).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the Commission, on entering a deferred prosecution agreement and after a public hearing, to revoke or suspend a license issued to any person and deny the person the right to secure another license to take or possess wildlife for a period of up to five years for statutorily outlined violations and the unlawful taking or possession of wildlife.
2. Stipulates that an active license revocation for an agreement to defer prosecution terminates after the licensee provides proof to the Commission that:
a) the licensee satisfactorily completed the terms and obligations of a deferred prosecution program;
b) the criminal charges filed against the licensee are dismissed;
c) the licensee completed all required training courses; and
d) the licensee paid in full all civil penalties.
3. Allows the Commission, after a public hearing, on entering a second agreement to defer prosecution or any combination of convictions, deferred prosecution agreements or adjudications that constitute a second final disposition for unlawfully taking or wounding wildlife at any time or place, to revoke, suspend or deny the person's privilege to take wildlife for a period of up to 10 years.
4. Allows the Commission, after a public hearing, on entering a third agreement to defer prosecution or any combination of convictions, deferred prosecution agreements or adjudications that constitute a third final disposition for unlawfully taking or wounding wildlife at any time or place, to revoke, suspend or deny the person's privilege to take wildlife permanently.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Allows the Commission to revoke, suspend or deny a person's privilege to take wildlife for a period of up to 10 years for any combination of convictions, deferred prosecution agreements or adjudications that constitute a second final disposition for unlawfully taking or wounding wildlife.
2. Allows the Commission to revoke, suspend or deny a person's privilege to take wildlife permanently for any combination of convictions, deferred prosecution agreements or adjudications that constitute a third final disposition for unlawfully taking or wounding wildlife.
3. Makes conforming changes.
House Action Senate Action
LARA 2/10/25 DPA 4-2-1-2 NR 3/11/25 DPA 8-0-0
3rd Read 2/25/25 52-8-0
Prepared by Senate Research
March 12, 2025
SB/slp