Bill Text: NY S02449 | 2011-2012 | General Assembly | Introduced


Bill Title: Increases penalties for the illegal taking of deer; establishes that a person who illegally takes deer more than once shall lose his or her hunting license for ten years.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ENVIRONMENTAL CONSERVATION [S02449 Detail]

Download: New_York-2011-S02449-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2449
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2011
                                      ___________
       Introduced  by  Sen.  YOUNG  -- 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. The illegal taking of big game prior to the first day of  the  open
    5  season  or  after  the last day of the open season in the county or part
    6  thereof where taken, or any illegal taking of a deer, or the  taking  of
    7  big  game by the aid of an artificial light.  [Each such] A FIRST misde-
    8  meanor FOR A VIOLATION OF THIS SUBDIVISION shall be punishable by impri-
    9  sonment for not more than one year or by a fine of not  less  than  [two
   10  hundred  fifty]  FIVE HUNDRED dollars nor more than [two] THREE thousand
   11  dollars, or by both such imprisonment  and  fine.    ADDITIONALLY,  SUCH
   12  PERSON  SHALL  HAVE  ANY  EXISTING  FIREARM  LICENSE HE OR SHE POSSESSES
   13  SUSPENDED FOR TWO YEARS AND SHALL BE INELIGIBLE FOR A FIREARM LICENSE OR
   14  A HUNTING LICENSE FOR TWO YEARS.  EVERY  SUBSEQUENT  MISDEMEANOR  FOR  A
   15  VIOLATION  OF  THIS  SUBDIVISION SHALL BE PUNISHABLE BY IMPRISONMENT FOR
   16  NOT MORE THAN ONE YEAR OR BY A  FINE  OF  NOT  LESS  THAN  ONE  THOUSAND
   17  DOLLARS  NOR  MORE THAN FIVE THOUSAND DOLLARS, OR BY BOTH SUCH IMPRISON-
   18  MENT AND FINE. ADDITIONALLY, SUCH PERSON SHALL HAVE ANY EXISTING FIREARM
   19  LICENSE HE OR SHE POSSESSES SUSPENDED FOR FIVE YEARS, SHALL BE  INELIGI-
   20  BLE  FOR  A  FIREARM LICENSE FOR FIVE YEARS AND SHALL FORFEIT HIS OR HER
   21  HUNTING LICENSE. ANY PERSON REQUIRED  TO  FORFEIT  HIS  OR  HER  HUNTING
   22  LICENSE  PURSUANT TO THIS SUBDIVISION SHALL SURRENDER IT TO ANY ENVIRON-
   23  MENTAL CONSERVATION OFFICER, SPECIAL GAME PROTECTOR OR ANY OTHER  PERSON
   24  AUTHORIZED  BY  THE  DEPARTMENT TO RECEIVE IT AND SHALL BE INELIGIBLE TO
   25  PROCURE ANOTHER HUNTING LICENSE FOR TEN YEARS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04170-01-1
       S. 2449                             2
    1    S 2. Subdivision 3 of section 71-0925 of the  environmental  conserva-
    2  tion law is amended to read as follows:
    3    3. If the violation involves the illegal taking of a deer prior to the
    4  first day of the open season or after the last day of the open season in
    5  the  county  or  part  of a county in which taken, or the taking of deer
    6  with the aid of an artificial light, or the illegal  taking  of  a  wild
    7  deer,  [one]  TWO  hundred  dollars  and an additional penalty of [four]
    8  EIGHT hundred dollars for the first deer taken and a further penalty  of
    9  [five hundred] ONE THOUSAND dollars for each succeeding deer taken;
   10    S 3. This act shall take effect on the one hundred twentieth day after
   11  it shall have become a law; provided, however, that effective immediate-
   12  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   13  necessary for the implementation of this act on its  effective  date  is
   14  authorized  and  directed  to  be  made  and completed on or before such
   15  effective date.
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