S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8459
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2017
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law and the penal law, in
   relation to the taking of big game outside of legal hunting hours  and
   failure to render aid

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 9 of paragraph b of subdivision 4  of  section
 11-0901  of the environmental conservation law, as added by section 6 of
 part EE of chapter 55 of the  laws  of  2014,  is  amended  to  read  as
 follows:
   (9)  with  a  crossbow unless such crossbow shall consist of a bow and
 string, either compound or recurve, that  launches  a  minimum  fourteen
 inch bolt, not including point, mounted upon a stock with a trigger that
 holds  the  string  and  limbs under tension until released. The trigger
 unit of such crossbow must have a working safety. The minimum limb width
 of such crossbow shall be seventeen inches, have  a  minimum  peak  draw
 weight  of  one  hundred  pounds  and  a maximum peak draw weight of two
 hundred pounds. The minimum overall length of such crossbow from  butts-
 tock to front of limbs shall be twenty-four inches; OR
   (10) OUTSIDE OF LEGAL HUNTING HOURS.
   §  1-a.  Subparagraph  9  of  paragraph  c of subdivision 4 of section
 11-0901 of the environmental conservation law, as added by section 7  of
 part  EE  of  chapter  55  of  the  laws  of 2014, is amended to read as
 follows:
   (9) with a crossbow unless such crossbow shall consist of  a  bow  and
 string,  either  compound  or  recurve, that launches a minimum fourteen
 inch bolt, not including point, mounted upon a stock with a trigger that
 holds the string and limbs under tension until released.    The  trigger
 unit of such crossbow must have a working safety. The minimum limb width
 of  such  crossbow  shall  be seventeen inches, have a minimum peak draw

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

                                                            LBD11446-04-7

 A. 8459                             2
 
 weight of one hundred pounds and a  maximum  peak  draw  weight  of  two
 hundred  pounds. The minimum overall length of such crossbow from butts-
 tock to front of limbs shall be twenty-four inches; OR
   (10) OUTSIDE OF LEGAL HUNTING HOURS.
   §  1-b.  Section  11-0931  of  the  environmental  conservation law is
 amended by adding a new subdivision 8 to read as follows:
   8. NO PERSON SHALL INFLICT INJURY ON OR WITNESS THE INFLICTION  OF  AN
 INJURY  TO ANY PERSON WITH ANY FIREARM, LONGBOW OR CROSSBOW, WHILE HUNT-
 ING OR TRAPPING, AND THEN FLEE OR FAIL  TO  RENDER  IMMEDIATE  AND  FULL
 ASSISTANCE AND AID TO THE PERSON UPON WHICH THE INJURY WAS INFLICTED.
   §  2.  Subdivision 1 of section 71-0921 of the environmental conserva-
 tion law, as amended by chapter 289 of the laws of 2004, is  amended  to
 read as follows:
   1.  The  illegal taking of OR ATTEMPTING TO TAKE big game prior to the
 first day of the open season or after the last day of the open season in
 the county or part thereof where taken, [or] any illegal  taking  of  OR
 ATTEMPTING  TO TAKE a deer, [or] the taking of OR ATTEMPTING TO TAKE big
 game by the aid of an artificial light OR THE TAKING OR ATTEMPT TO  TAKE
 BIG  GAME OUTSIDE OF LEGAL HUNTING HOURS. Each such misdemeanor shall be
 punishable by imprisonment for not more than one year or by  a  fine  of
 not  less  than  two  hundred  fifty  dollars nor more than two thousand
 dollars, or by both such imprisonment and fine.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 71-0922 to read as follows:
 § 71-0922. PUNISHMENT OF CERTAIN VIOLATIONS RESULTING IN DEATH.
   WHERE A VIOLATION OF THE ENVIRONMENTAL CONSERVATION LAW IS A MISDEMEA-
 NOR  UNDER  SUBDIVISION  ONE  OF  SECTION 71-0921 OF THIS TITLE AND SUCH
 VIOLATION RESULTS IN THE INJURY OR DEATH OF  A  PERSON,  SUCH  VIOLATION
 SHALL  INSTEAD  BE  A CLASS E FELONY, PUNISHABLE BY IMPRISONMENT FOR NOT
 MORE THAN FOUR YEARS, A FINE OF NOT MORE THAN TEN THOUSAND  DOLLARS  AND
 FORFEITURE  OF  ANY MOTORIZED VEHICLES, FIREARMS, LONGBOWS AND CROSSBOWS
 USED IN THE VIOLATION.
   § 4. The environmental conservation law is amended  by  adding  a  new
 section 71-0929 to read as follows:
 § 71-0929. FAILURE TO RENDER AID.
   NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, WHEN A VIOLATION
 OF  SUBDIVISION  EIGHT  OF  SECTION 11-0931 OF THIS CHAPTER OCCURS, SUCH
 VIOLATION SHALL BE PUNISHABLE AS FOLLOWS:
   A. FOR A VIOLATION WHERE THE PERSON INJURED DOES  NOT  DIE  FROM  SAID
 INJURIES,  THE  PERSON  INFLICTING  SUCH  INJURIES  SHALL BE GUILTY OF A
 MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, A
 FINE OF NOT LESS THAN TWO HUNDRED DOLLARS NOR  MORE  THAN  ONE  THOUSAND
 DOLLARS OR BY BOTH SUCH IMPRISONMENT AND FINE.
   B.  FOR  A VIOLATION WHERE THE PERSON INJURED DIES FROM SAID INJURIES,
 THE PERSON INFLICTING SUCH INJURIES SHALL BE GUILTY OF A CLASS E FELONY,
 PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN FOUR YEARS, A FINE  OF  NOT
 LESS  THAN FIVE HUNDRED DOLLARS NOR MORE THAN TWO THOUSAND DOLLARS OR BY
 BOTH SUCH IMPRISONMENT AND FINE.
   C. FOR A VIOLATION WHERE A PERSON  IS  INJURED  OR  KILLED,  A  PERSON
 WITNESSING  THE  INFLICTION  OF  SUCH  INJURIES  SHALL  BE  GUILTY  OF A
 VIOLATION, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS  OR
 A FINE OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS OR BY BOTH SUCH IMPRI-
 SONMENT AND FINE.
   § 5. Section 120.05 of the penal law is amended by adding a new subdi-
 vision 4-b to read as follows:

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   4-B.  HE  OR  SHE  RECKLESSLY CAUSES PHYSICAL INJURY TO ANOTHER PERSON
 WHILE TAKING OR ATTEMPTING TO TAKE BIG GAME  OUTSIDE  OF  LEGAL  HUNTING
 HOURS; OR
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.