S T A T E   O F   N E W   Y O R K
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     S. 3487                                                  A. 5046
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Environmental Conservation

 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;
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03176-01-9
              

 S. 3487                             2                            A. 5046
 
 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.
   § 2. This act shall take effect immediately.