Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to environmental conservation |
Jan 07, 2009 |
referred to environmental conservation |
Assembly Bill A842
2009-2010 Legislative Session
Sponsored By
GUNTHER
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A842 (ACTIVE) - Details
2009-A842 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 842 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. GUNTHER, LIFTON -- Multi-Sponsored by -- M. of A. GIGLIO, RABBITT -- read once and referred to the Committee on Environ- mental Conservation AN ACT to amend the environmental conservation law, in relation to the impoundment of machinery, motor vehicles, aircraft and equipment used in the illegal taking of trees and timber THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new section 71-0717 to read as follows: S 71-0717. IMPOUNDMENT AND FORFEITURE OF MACHINERY, MOTOR VEHICLES, AIRCRAFT AND EQUIPMENT USED IN THE ILLEGAL TAKING OF TREES OR TIMBER. 1. IN THE EVENT, A PERSON IS CONVICTED OF A SECOND SEPARATE ACT OF UNLAWFULLY HARVESTING TREES OR TIMBER, ANY MACHINERY, MOTOR VEHICLE, AIRCRAFT AND/OR EQUIPMENT USED BY SUCH PERSON DURING THE COMMISSION OF SUCH SECOND UNLAWFUL ACT MAY BE IMPOUNDED BY A PEACE OFFICER OR POLICE OFFICER AND FORFEITED AS PROVIDED IN THIS SECTION. UPON IMPOUNDMENT, THE POLICE OFFICER OR PEACE OFFICER MAY ISSUE AN APPEARANCE TICKET TO THE VIOLATOR OR VIOLATORS AND SHALL PROVIDE THAT THE RETURN DATE SHALL BE WITHIN TWENTY-FOUR HOURS OF THE TIME OF ISSUANCE. 2. THEREAFTER THE POLICE OFFICER OR PEACE OFFICER SHALL FILE AN ACCU- SATORY INSTRUMENT IN THE LOCAL CRIMINAL COURT, AS PROVIDED FOR IN ARTI- CLE ONE HUNDRED FIFTY OF THE CRIMINAL PROCEDURE LAW, STATING THAT THE OWNERS OR OPERATORS OF SUCH EQUIPMENT HAD USED OR WERE IN THE PROCESS OF USING SUCH EQUIPMENT WHILE UNLAWFULLY HARVESTING TREES OR TIMBER, AFTER HAVING PREVIOUSLY BEEN CONVICTED OF SUCH OFFENSE. 3. AT THE TIME AND PLACE DESIGNATED IN THE APPEARANCE TICKET THE COURT SHALL DETERMINE IF THE PERSON CHARGED WITH UNLAWFULLY HARVESTING TREES OR TIMBER AFTER HAVING PREVIOUSLY BEEN CONVICTED OF SUCH OFFENSE AND IF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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