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A07171 Summary:

BILL NOA07171B
 
SAME ASSAME AS S04727-B
 
SPONSORWoerner
 
COSPNSRRivera, Gottfried, Raia, Lopez, Skoufis, Arroyo, Barrett, Stec
 
MLTSPNSRCook, Crouch, Englebright, Glick, McLaughlin, Simon
 
Amd §§71-0921 & 71-0925, En Con L
 
Relates to the illegal taking of deer.
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A07171 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7171--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 27, 2015
                                       ___________
 
        Introduced by M. of A. WOERNER, RIVERA, GOTTFRIED, RAIA, LOPEZ, SKOUFIS,
          ARROYO,  BARRETT, STEC -- Multi-Sponsored by -- M. of A. COOK, CROUCH,
          ENGLEBRIGHT, GLICK, McLAUGHLIN, SIMON -- read once and referred to the
          Committee on Environmental Conservation -- recommitted to the  Commit-
          tee  on Environmental Conservation in accordance with Assembly Rule 3,
          sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended  and recommitted to said committee -- reported and referred to
          the Committee on Codes -- 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
          illegal taking of deer
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of  section  71-0921 of the environmental
     2  conservation law, as amended by chapter 289 of  the  laws  of  2004,  is
     3  amended to read as follows:
     4    1.  (a)  The  illegal taking of big game prior to the first day of the
     5  open season or after the last day of the open season in  the  county  or
     6  part  thereof  where  taken,  [or  any illegal taking of a deer,] or the
     7  taking of big game [by the] with aid of an artificial light.  Each  such
     8  misdemeanor  for  a  violation  of this paragraph shall be punishable by
     9  imprisonment for not more than one year or by a fine of  not  less  than
    10  [two hundred fifty] five hundred dollars nor more than [two] three thou-
    11  sand dollars, or by both such imprisonment and fine.
    12    (b)  Any  illegal  taking  of a deer, other than a taking described in
    13  paragraph (a) of this subdivision, such misdemeanor shall be  punishable
    14  by imprisonment for not more than one year or by a fine of not less than
    15  two hundred fifty dollars nor more than two thousand dollars, or by both
    16  such imprisonment and fine.
    17    §  2.  Subdivision 3 of section 71-0925 of the environmental conserva-
    18  tion law is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09974-04-6

        A. 7171--B                          2
 
     1    3. (a) If the violation involves the illegal taking of a deer prior to
     2  the first day of the open season or after  the  last  day  of  the  open
     3  season  in  the county or part of a county in which taken, or the taking
     4  of deer with [the] aid of an artificial light, [or the illegal taking of
     5  a  wild deer, one] not less than five hundred dollars and [an additional
     6  penalty of four hundred] not more than  one  thousand  dollars  for  the
     7  first  deer  taken and a further penalty of [five hundred] not less than
     8  five hundred dollars and not more than one  thousand  dollars  for  each
     9  succeeding  deer  taken;  provided, however, that any person having been
    10  held liable for a violation pursuant to this paragraph in the  preceding
    11  five  years  shall  be  subject to a fine of not less than seven hundred
    12  fifty dollars and not more than two thousand dollars for the first  deer
    13  taken and a further penalty of not less than seven hundred fifty dollars
    14  and not more than two thousand dollars for each succeeding deer taken;
    15    (b) If the violation involves any illegal taking of a wild deer, other
    16  than  a  taking  described  in  paragraph  (a) of this subdivision, five
    17  hundred dollars for the first deer taken and a further penalty  of  five
    18  hundred dollars for each succeeding deer taken;
    19    § 3. This act shall take effect on the one hundred twentieth day after
    20  it shall have become a law.
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