S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    387
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  ROBACH -- 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  the
   illegal taking of deer

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1  of  section  71-0921  of  the  environmental
 conservation  law,  as  amended  by  chapter 289 of the laws of 2004, is
 amended to read as follows:
   1. (A) The illegal taking of 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  a  deer,]  or  the
 taking  of  big game [by the] WITH aid of an artificial light. Each such
 misdemeanor FOR A VIOLATION OF THIS PARAGRAPH  shall  be  punishable  by
 imprisonment  for  not  more than one year or by a fine of not less than
 [two hundred fifty] FIVE HUNDRED dollars nor more than [two] THREE thou-
 sand dollars, or by both such imprisonment and fine.
   (B) ANY ILLEGAL TAKING OF A DEER, OTHER THAN  A  TAKING  DESCRIBED  IN
 PARAGRAPH  (A) OF THIS SUBDIVISION, 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.
   § 2. Subdivision 3 of section 71-0925 of the  environmental  conserva-
 tion law is amended to read as follows:
   3. (A) If the violation involves the illegal taking of a deer prior to
 the  first  day  of  the  open  season or after the last day of the open
 season in the county or part of a county in which taken, or  the  taking
 of deer with [the] aid of an artificial light, [or the illegal taking of
 a  wild deer, one] NOT LESS THAN FIVE hundred dollars and [an additional
 penalty of four hundred] NOT MORE THAN  ONE  THOUSAND  dollars  for  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02897-01-7

 S. 387                              2
 
 first  deer  taken and a further penalty of [five hundred] NOT LESS THAN
 FIVE HUNDRED dollars AND NOT MORE THAN ONE  THOUSAND  DOLLARS  for  each
 succeeding  deer  taken;  PROVIDED, HOWEVER, THAT ANY PERSON HAVING BEEN
 HELD  LIABLE FOR A VIOLATION PURSUANT TO THIS PARAGRAPH IN THE PRECEDING
 FIVE YEARS SHALL BE SUBJECT TO A FINE OF NOT  LESS  THAN  SEVEN  HUNDRED
 FIFTY  DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS FOR THE FIRST DEER
 TAKEN AND A FURTHER PENALTY OF NOT LESS THAN SEVEN HUNDRED FIFTY DOLLARS
 AND NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH SUCCEEDING DEER TAKEN;
   (B) IF THE VIOLATION INVOLVES ANY ILLEGAL TAKING OF A WILD DEER, OTHER
 THAN A TAKING DESCRIBED IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  FIVE
 HUNDRED  DOLLARS  FOR THE FIRST DEER TAKEN AND A FURTHER PENALTY OF FIVE
 HUNDRED DOLLARS FOR EACH SUCCEEDING DEER TAKEN;
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.