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

                                  2273

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. GUNTHER, LIFTON -- Multi-Sponsored by -- M. of A.
  GIGLIO, RABBITT -- read once and referred to the Committee on Environ-
  mental 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

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

                                                           LBD02378-01-3

A. 2273                             2

THERE IS SUFFICIENT INFORMATION BEFORE THE COURT TO JUSTIFY THE  CONTIN-
UED  IMPOUNDMENT  OF  SUCH  MACHINERY,  MOTOR  VEHICLES, AIRCRAFT AND/OR
EQUIPMENT PENDING THE DISPOSITION OF THE VIOLATION OF LAW SET  FORTH  IN
THE  ACCUSATORY  INSTRUMENT.  IN THE EVENT THE COURT DETERMINES THAT THE
INTERESTS OF JUSTICE REQUIRE THE RELEASE OF  SUCH  IMPOUNDED  MACHINERY,
MOTOR  VEHICLES,  AIRCRAFT  AND/OR  EQUIPMENT THE COURT MAY PROVIDE THAT
SECURITY, IN AN AMOUNT DETERMINED BY THE COURT, SHALL BE PROVIDED BY THE
VIOLATOR IN LIEU OF SUCH IMPOUNDMENT.
  4. UPON A FINDING THAT THERE IS A REASONABLE BASIS FOR CONTINUING  THE
ACTION AGAINST THE VIOLATOR, THE COURT SHALL SET A TIME AND PLACE WITHIN
FOURTEEN  DAYS  AFTER  THE HEARING ON THE ACCUSATORY INSTRUMENT AT WHICH
THE VIOLATION OF LAW SET FORTH IN THE  ACCUSATORY  INSTRUMENT  SHALL  BE
TRIED.
  5.  THE IMPOUNDED EQUIPMENT SHALL BE RELEASED TO THE VIOLATOR UPON THE
PAYMENT OF ANY FINE IMPOSED, AS WELL AS PAYMENT OF  THE  REASONABLE  AND
NECESSARY IMPOUNDMENT COSTS INCURRED BY THE IMPOUNDING AUTHORITY.
  6.  SHOULD  SIX  MONTHS  EXPIRE AND THE VIOLATOR HAS FAILED TO PAY THE
FINE, THE IMPOUNDING AUTHORITY SHALL HAVE THE RIGHT TO SELL THE IMPOUND-
ED EQUIPMENT AT A PUBLIC SALE ON AT LEAST THIRTY DAYS PUBLIC NOTICE. THE
PROCEEDS OF SUCH SALE SHALL BE USED FIRST TO PAY THE COST  INCURRED  FOR
IMPOUNDING  THE EQUIPMENT AND THEN TO PAY ANY FINE IMPOSED BY THE COURT.
ANY BALANCE SHALL BE PAID TO THE RIGHTFUL OWNER OF THE IMPOUNDED  EQUIP-
MENT.
  7.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT LIMIT OR IMPAIR THE
AUTHORITY OF A POLICE OFFICER  OR  PEACE  OFFICER  TO  ARREST  A  PERSON
COMMITTING A CRIME.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.