S T A T E   O F   N E W   Y O R K
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    S. 1595--A                                            A. 1888--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 13, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation  -- recommitted to the Committee on Environmental Conser-
  vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Environmental Conservation -- recommitted  to  the
  Committee  on  Environmental  Conservation in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the environmental conservation law, in relation to the
  powers and duties of enforcement officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision  4  of section 71-0907 of the environmental
conservation law, subparagraph 5 of paragraph f as added by chapter  366
of the laws of 1981, is amended to read as follows:
  4. Officers named in subdivision 1 OF THIS SECTION shall have power:
  a. To execute all warrants and search warrants issued for violation of
the Fish and Wildlife Law and to serve subpoenas issued for examination,
investigation or trial of offenses against any of its provisions;
  b.  To  search without search warrant any boat or vehicle of any kind,
any box, locker, basket, creel, crate, game bag, package or any contain-
er of any nature and the contents of any building other than a  dwelling
whenever  they have PROBABLE cause to believe that any provision of this
article or of any law for the protection of fish, shellfish,  crustacea,
wildlife,  game  or protected insects has been or is being violated, and
to use such force as may be necessary for the purpose of examination and
search;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03079-02-6
              

S. 1595--A                          2                         A. 1888--A

  c. To search any dwelling and  its  contents,  provided  they  have  a
search warrant to do so;
  d. To arrest without warrant any person committing in their presence a
misdemeanor  under  the  provisions  of  this  chapter listed in section
71-0501 or under titles 5 through 15 inclusive  and  title  33  of  this
article  and  to take such person immediately before a magistrate having
jurisdiction for trial;
  e. To seize as evidence without warrant any fish,  shellfish,  crusta-
cea,  wildlife, game, or parts thereof, protected insects or plumage [as
defined in section  11-1729],  whenever  they  have  PROBABLE  cause  to
believe  it is possessed or transported in violation of law, or it bears
evidence of illegal taking, or it  is  possessed  or  transported  under
circumstances   making  the  possession  or  transportation  presumptive
evidence of illegal taking;
  f. To seize as evidence without warrant
  (1) Any net, trap or other device constituting a nuisance  as  defined
in section 71-0915 OF THIS TITLE;
  (2)  Any net, trap or device other than a boat, a vehicle, or aircraft
or a  firearm  when  they  have  PROBABLE  cause  to  believe  that  its
possession or use is in violation of any provision of the Fish and Wild-
life Law or regulation pursuant thereto;
  (3)  Any firearm, when they have PROBABLE cause to believe that it has
been used in a violation of the Fish and  Wildlife  Law  constituting  a
misdemeanor  involving  the  illegal  taking  or attempting to take wild
deer;
  (4) Any rakes, tongs, dredges, or device other than a boat or  vehicle
used,  or  in possession for purpose of use, for the taking of shellfish
WHEN THEY HAVE PROBABLE CAUSE TO BELIEVE THAT ITS POSSESSION OR  USE  IS
in  violation of subdivisions 1 or 2 of section 13-0309 OF THIS CHAPTER.
For the purposes of this paragraph "device" includes  a  bird,  dog,  or
other  animal  used in or as an aid in taking fish or wildlife, any jack
light, spot light or other  artificial  light  other  than  a  headlight
attached in proper position to a motor vehicle, any hunting appliance or
apparatus  and  any  fishing  or netting gear or tackle.  This paragraph
does not limit any power of seizure pursuant to warrant.
  (5) Any boat or vehicle, when they have probable cause to  believe  it
has  been used for the taking of shellfish in violation of subdivision 2
or 3 of section 13-0309 of this chapter by a person possessing,  at  the
time  of  such use, commercial shellfish harvesting gear or shellfish in
excess of two pecks. For the purposes of this  subparagraph  "commercial
shellfish  harvesting  gear"  shall mean rakes, tongs, dredges and other
devices commonly used to harvest shellfish for commercial purposes.
  G. WITHIN TWENTY-FOUR HOURS OF ANY SEARCH OR SEIZURE UNDERTAKEN  WITH-
OUT  A WARRANT PURSUANT TO THIS SUBDIVISION, THE OFFICER SHALL FILE WITH
A COURT OF  COMPETENT  JURISDICTION  AN  AFFIDAVIT  OR  SWORN  STATEMENT
DESCRIBING  WITH  PARTICULARITY  THE BASIS FOR PROBABLE CAUSE JUSTIFYING
THE PLACES THAT WERE SEARCHED AND THE ITEMS THAT WERE SEIZED.  A COPY OF
THE AFFIDAVIT OR SWORN STATEMENT SHALL BE MAILED BY REGISTERED  MAIL  TO
ANY  PERSON  CHARGED  WITH AN OFFENSE UNDER THIS CHAPTER PURSUANT TO THE
SEARCH OR SEIZURE WITHIN THREE DAYS OF ITS FILING WITH THE COURT.
  S 2. This act shall take effect immediately.