Bill Text: NY S00387 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the illegal taking of deer.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2017-06-21 - SUBSTITUTED BY A556 [S00387 Detail]

Download: New_York-2017-S00387-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           387
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        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.