S T A T E   O F   N E W   Y O R K
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                                  4911

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

Introduced  by M. of A. GABRYSZAK, GIGLIO -- Multi-Sponsored by -- M. of
  A. BRENNAN, SCARBOROUGH, TITONE --  read  once  and  referred  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:

  Section  1.  Subdivision  1  of  section  71-0921 of the environmental
conservation law, as amended by chapter 289 of  the  laws  of  2004,  is
amended to read as follows:
  1.  The  illegal taking of big game prior to the first day of the open
season or after the last day of the open season in the  county  or  part
thereof  where  taken, or any illegal taking of a deer, or the taking of
big game by the aid of an artificial light.  [Each such] A FIRST  misde-
meanor FOR A VIOLATION OF THIS SUBDIVISION shall be punishable by impri-
sonment  for  not  more than one year or by a fine of not less than [two
hundred fifty] FIVE HUNDRED dollars nor more than [two]  THREE  thousand
dollars,  or  by  both  such imprisonment and fine.   ADDITIONALLY, SUCH
PERSON SHALL HAVE ANY EXISTING  FIREARM  LICENSE  HE  OR  SHE  POSSESSES
SUSPENDED FOR TWO YEARS AND SHALL BE INELIGIBLE FOR A FIREARM LICENSE OR
A  HUNTING  LICENSE  FOR  TWO  YEARS. EVERY SUBSEQUENT MISDEMEANOR FOR A
VIOLATION OF THIS SUBDIVISION SHALL BE PUNISHABLE  BY  IMPRISONMENT  FOR
NOT  MORE  THAN  ONE  YEAR  OR  BY  A FINE OF NOT LESS THAN ONE THOUSAND
DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS, OR BY BOTH  SUCH  IMPRISON-
MENT AND FINE. ADDITIONALLY, SUCH PERSON SHALL HAVE ANY EXISTING FIREARM
LICENSE  HE OR SHE POSSESSES SUSPENDED FOR FIVE YEARS, SHALL BE INELIGI-
BLE FOR A FIREARM LICENSE FOR FIVE YEARS AND SHALL FORFEIT  HIS  OR  HER
HUNTING  LICENSE.  ANY  PERSON  REQUIRED  TO  FORFEIT HIS OR HER HUNTING
LICENSE PURSUANT TO THIS SUBDIVISION SHALL SURRENDER IT TO ANY  ENVIRON-
MENTAL  CONSERVATION OFFICER, SPECIAL GAME PROTECTOR OR ANY OTHER PERSON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08068-01-3

              

A. 4911                             2

AUTHORIZED BY THE DEPARTMENT TO RECEIVE IT AND SHALL  BE  INELIGIBLE  TO
PROCURE ANOTHER HUNTING LICENSE FOR TEN YEARS.
  S  2.  Subdivision 3 of section 71-0925 of the environmental conserva-
tion law is amended to read as follows:
  3. If the violation involves the illegal taking of a deer prior to the
first day of the open season or after the last day of the open season in
the county or part of a county in which taken, or  the  taking  of  deer
with  the  aid  of  an artificial light, or the illegal taking of a wild
deer, [one] TWO hundred dollars and  an  additional  penalty  of  [four]
EIGHT  hundred dollars for the first deer taken and a further penalty of
[five hundred] ONE THOUSAND dollars for each succeeding deer taken;
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date.