STATE OF NEW YORK
________________________________________________________________________
387
2017-2018 Regular Sessions
IN SENATE
(Prefiled)
January 4, 2017
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Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
illegal taking of deer
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 1 of section 71-0921 of the environmental
2 conservation law, as amended by chapter 289 of the laws of 2004, is
3 amended to read as follows:
4 1. (a) The illegal taking of big game prior to the first day of the
5 open season or after the last day of the open season in the county or
6 part thereof where taken, [or any illegal taking of a deer,] or the
7 taking of big game [by the] with aid of an artificial light. Each such
8 misdemeanor for a violation of this paragraph shall be punishable by
9 imprisonment for not more than one year or by a fine of not less than
10 [two hundred fifty] five hundred dollars nor more than [two] three thou-
11 sand dollars, or by both such imprisonment and fine.
12 (b) Any illegal taking of a deer, other than a taking described in
13 paragraph (a) of this subdivision, such misdemeanor shall be punishable
14 by imprisonment for not more than one year or by a fine of not less than
15 two hundred fifty dollars nor more than two thousand dollars, or by both
16 such imprisonment and fine.
17 § 2. Subdivision 3 of section 71-0925 of the environmental conserva-
18 tion law is amended to read as follows:
19 3. (a) If the violation involves the illegal taking of a deer prior to
20 the first day of the open season or after the last day of the open
21 season in the county or part of a county in which taken, or the taking
22 of deer with [the] aid of an artificial light, [or the illegal taking of
23 a wild deer, one] not less than five hundred dollars and [an additional
24 penalty of four hundred] not more than one thousand dollars for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02897-01-7
S. 387 2
1 first deer taken and a further penalty of [five hundred] not less than
2 five hundred dollars and not more than one thousand dollars for each
3 succeeding deer taken; provided, however, that any person having been
4 held liable for a violation pursuant to this paragraph in the preceding
5 five years shall be subject to a fine of not less than seven hundred
6 fifty dollars and not more than two thousand dollars for the first deer
7 taken and a further penalty of not less than seven hundred fifty dollars
8 and not more than two thousand dollars for each succeeding deer taken;
9 (b) If the violation involves any illegal taking of a wild deer, other
10 than a taking described in paragraph (a) of this subdivision, five
11 hundred dollars for the first deer taken and a further penalty of five
12 hundred dollars for each succeeding deer taken;
13 § 3. This act shall take effect on the one hundred twentieth day after
14 it shall have become a law.