Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 02, 2012 |
referred to environmental conservation |
Senate Bill S7362
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Environmental Conservation 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
Actions
2011-S7362 (ACTIVE) - Details
- Current Committee:
- Senate Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add §11-0538, amd §71-0925, En Con L
- Versions Introduced in 2013-2014 Legislative Session:
-
S2649
2011-S7362 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7362 TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the possession, transportation and sale of endangered chimpanzees PURPOSE: This legislation prohibits the possession of endangered chimpanzees and imposes civil penalties therefor. SUMMARY OF PROVISIONS: Section One - amends the environmental conservation law by adding a new section 11-0538. This section prohibits possession of endangered chimpanzees as well as the importation, transportation, sale or taking of the flesh, bones, skeleton, skull, blood, organ, other body parts or carcass. Any officer or agent authorized by the commissioner or any police officer, as defined in subdivision thirty-four of section 1.20 of the criminal procedure law, shall have the authority to execute any warrant to search for or seize any property or item used in connection with a violation of such subdivision; and such flesh, bones, skeletons, skulls, blood, organs, other body parts and carcasses shall be held pending proceedings in any court of proper jurisdiction. Upon conviction, or upon entry of a judgment restraining any violation of subdivision one of this section, such body parts or carcasses shall be forfeited and, upon forfeiture, shall be destroyed. The department
2011-S7362 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7362 I N S E N A T E May 2, 2012 ___________ Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to prohibiting the possession, transportation and sale of endangered chimpanzees 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 11-0538 to read as follows: S 11-0538. POSSESSION OF ENDANGERED CHIMPANZEES; PROHIBITED. 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE POSSESSION, IMPORTATION, TRANSPORTATION, SALE OR TAKING OF THE FLESH, BONES, SKELETON, SKULL, BLOOD, ORGAN, OTHER BODY PARTS OR CARCASS OF ANY ENDANGERED CHIMPANZEE. 2. ANY OFFICER OR AGENT AUTHORIZED BY THE COMMISSIONER OR ANY POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, SHALL HAVE THE AUTHORITY TO EXECUTE ANY WARRANT TO SEARCH FOR OR SEIZE ANY FLESH, BONES, SKELETONS, SKULLS, BLOOD, ORGANS, OTHER BODY PARTS OR CARCASSES POSSESSED, IMPORTED, TRANSPORTED, SOLD OR TAKEN IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION, OR ANY PROPERTY OR ITEM USED IN CONNECTION WITH A VIOLATION OF SUCH SUBDIVI- SION; AND SUCH FLESH, BONES, SKELETONS, SKULLS, BLOOD, ORGANS, OTHER BODY PARTS AND CARCASSES SHALL BE HELD PENDING PROCEEDINGS IN ANY COURT OF PROPER JURISDICTION. UPON CONVICTION, OR UPON ENTRY OF A JUDGMENT RESTRAINING ANY VIOLATION OF SUBDIVISION ONE OF THIS SECTION, SUCH SEIZED FLESH, BONES, SKELETONS, SKULLS, BLOOD, ORGANS, OTHER BODY PARTS OR CARCASSES SHALL BE FORFEITED AND, UPON FORFEITURE, SHALL BE DESTROYED. 3. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO SEEK INJUNCTIVE RELIEF IN ANY COURT OF PROPER JURISDICTION TO ENJOIN CONTINUED VIOLATION OF SUBDIVISION ONE OF THIS SECTION. 4. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15673-01-2
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