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Panel backs measure letting Game and Fish Commission suspend or revoke licenses tied to deferred prosecutions and egregious wildlife violations
Summary
House Bill 26‑03, amended to expand revocation windows, passed the committee after Arizona Game and Fish and law‑enforcement witnesses described cases where deferred prosecutions left the commission without recourse.
House Bill 26‑03 would allow the Arizona Game and Fish Commission, after a public hearing, to revoke, suspend or deny a person’s privilege to hold a license to take or possess wildlife when the person is subject to a deferred prosecution agreement for unlawful taking or wounding of wildlife. The bill also addresses penalties for repeat egregious offenders and was amended to increase the maximum sanction periods and permit permanent revocation for a third final disposition.
Arizona Game and Fish representatives told the committee they can now impose civil assessments and review license privileges when there is a conviction or plea agreement, but not when a prosecutor uses a deferred‑prosecution agreement. Law‑enforcement chief Gene Elms recounted several cases in which individuals who participated in unlawful big‑game takes received court diversion, leaving the commission without options to suspend licenses.
Commissioner James Gudenauer emphasized the public‑trust basis for wildlife management and argued the commission needs authority to protect that trust when criminal cases are diverted. Witnesses described examples involving multiple participants who received diversion and who would not have had license consequences under current law.
The committee considered a five‑page amendment in Senator Dunn’s name (dated 03/10/2025) that expands the commission’s authority to impose longer suspensions or permanent revocations for repeat final dispositions. After the amendment was adopted, the committee voted to advance the bill; the motion to adopt the amendment carried and the amended bill received a due‑pass recommendation (recorded vote: 8 ayes, 0 nays).
Why it matters: The bill closes a gap between criminal dispositions and administrative license review, giving the Game and Fish Commission tools to address cases where criminal charges are deferred yet the conduct undermines wildlife conservation and public trust.
What’s next: The amended bill will proceed to the full Legislature. If enacted it will require the commission to adopt procedures for hearings and for restoration of privileges when diversion conditions are satisfied.
