Assembly Bill A1888A

2015-2016 Legislative Session

Relates to the powers and duties of enforcement officers

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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

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Bill Amendments

2015-A1888 - Details

See Senate Version of this Bill:
S1595
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
2017-2018: A2352, S2993
2019-2020: A5046, S3487

2015-A1888 - 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.

2015-A1888 - Bill Text download pdf

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

    S. 1595                                                  A. 1888

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 13, 2015
                               ___________

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. Paragraphs e and f of 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,  are  amended  to  read  as
follows:
  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 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 cause to believe that its possession or  use
is  in  violation of any provision of the Fish and Wildlife Law or regu-
lation pursuant thereto;
  (3) Any firearm, when they have 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03079-01-5
              

2015-A1888A (ACTIVE) - Details

See Senate Version of this Bill:
S1595
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
2017-2018: A2352, S2993
2019-2020: A5046, S3487

2015-A1888A (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.

2015-A1888A (ACTIVE) - Bill Text download pdf

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

    S. 1595--A                                            A. 1888--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 13, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation  -- recommitted to the Committee on Environmental Conser-
  vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Environmental Conservation -- recommitted  to  the
  Committee  on  Environmental  Conservation in accordance with Assembly
  Rule  3,  sec.  2  --  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
  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03079-02-6
              

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