Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2014 |
referred to environmental conservation |
Mar 20, 2013 |
referred to environmental conservation |
Senate Bill S4303
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Environmental Conservation 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
2013-S4303 (ACTIVE) - Details
2013-S4303 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4303 TITLE OF BILL: 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 PURPOSE: This bill allows law enforcement agencies to seize machinery motor vehicles, aircraft and other equipment used by timber thieves who have once before been convicted of the illegal taking of logs, trees and timber. SUMMARY OF PROVISIONS: Section 1 adds a new section 71-0717 to the environmental conservation law to allow for the impoundment of timber harvesting equipment by law enforcement officers from a violator who has previously been convicted of timber theft. This section also provides that violators of this section be served with an appearance ticket, returnable within 24 hours, at which time a local criminal court shall determine if there is sufficient evidence to justi- fy the continued impoundment of the equipment. If the court determined there is a reasonable basis to continue the action, a hearing will then be held on the violation within fourteen days.
2013-S4303 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4303 2013-2014 Regular Sessions I N S E N A T E March 20, 2013 ___________ Introduced by Sen. BALL -- 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 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 THERE IS SUFFICIENT INFORMATION BEFORE THE COURT TO JUSTIFY THE CONTIN- UED IMPOUNDMENT OF SUCH MACHINERY, MOTOR VEHICLES, AIRCRAFT AND/OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02378-01-3
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