Assembly Bill A5046

2019-2020 Legislative Session

Relates to the powers and duties of enforcement officers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2019-A5046 (ACTIVE) - Details

See Senate Version of this Bill:
S3487
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §71-0907, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9751, S6876
2013-2014: A3889, S3060
2015-2016: A1888, S1595
2017-2018: A2352, S2993

2019-A5046 (ACTIVE) - Summary

Provides that within twenty-four hours of any search or seizure undertaken without a warrant, the enforcement officer shall file with the court an affidavit or sworn statement describing the basis for probable cause justifying the places that were searched and the items that were seized.

2019-A5046 (ACTIVE) - Bill Text download pdf

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.