NY State Senate Bill 2017-S6107

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
Jun 21, 2017	recommitted to rules
Jun 19, 2017	ordered to third reading cal.1910
Jun 07, 2017	reported and committed to rules
May 23, 2017	print number 6107a
May 23, 2017	amend (t) and recommit to environmental conservation
May 11, 2017	referred to environmental conservation

Votes

- Jun 19, 2017 - Rules Committee Vote
  S6107
  
  14
  
  Aye
  
  5
  
  Nay
  
  6
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2017
      
      aye (14)
      
      Breslin
      
      Carlucci
      
      Flanagan
      
      Griffo
      
      Hannon
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      nay (5)
      
      Bonacic
      
      DeFrancisco
      
      Dilan
      
      Lanza
      
      Savino
      
      aye wr (6)
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Ranzenhofer
      
      Squadron
      
      Valesky
  Jun 7, 2017 - Environmental Conservation Committee Vote
  S6107
  
  11
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Jun 7, 2017
      
      aye (11)
      
      Avella
      
      Funke
      
      Hoylman-Sigal
      
      Kaminsky
      
      Latimer
      
      Little
      
      Marcellino
      
      O'Mara
      
      Ortt
      
      Phillips
      
      Tedisco
      
      aye wr (1)
      
      Addabbo Jr.
      
      excused (1)
      
      LaValle

Bill Amendments

Original

A (Active)

2017-S6107 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§11-0901 & 71-0921, En Con L; amd §120.05, Pen L

2017-S6107 - Summary

Makes it a misdemeanor to take or attempt to take big game outside of legal hunting hours; makes it a class D felony if another person is injured during the commission of such and makes it a class E felony where someone inflicts or witnesses the infliction of an injury and does not render aid.

2017-S6107 - Sponsor Memo

                                 BILL NUMBER:  S6107

 TITLE OF BILL :  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

 PURPOSE :

To clarify that the taking of any big game, or any attempt to do so,
after legal hunting hours is considered a misdemeanor under state law.
The bill also declares that if any third party is injured during
after-hours hunting then the violator shall be charged with a felony.

 SUMMARY OF PROVISIONS :

Section 1 amends subparagraph 9 of subdivision 4 of section 11-0901 of
the environmental conservation law by adding section 6 of part EE of
chapter 55 of the laws of 2014.

Section 2 amends subdivision 1 of section 71-0921 of the environmental
conservation law, as amended by chapter 289 of the laws of 2004.

Section 3 amends section 120.05 of the penal law by adding a new
subdivision 4-b.

Section 4 states the effective date.

 EXISTING LAW :

Subparagraph 9 of subdivision 4 of section 11-0901 of the
environmental conservation law lays out the ways in which wild deer
and bear (big game) shall not be taken. Nowhere in these provisions,
however, does it clearly state that a hunter shall not take, or
attempt to take, such wildlife after legal hunting hours.

Section 71-0921 of the environmental conservation law defines the acts
within hunting that are misdemeanors when in violation of a specified
section and/or the fish and wildlife law. Subdivision 1 of this
section discusses the illegal taking of big game outside of the normal
hunting season or the use of artificial lighting when hunting.
However, there lacks a specification of hunting, or the attempt to
hunt, outside of legal hunting hours within the permitted season.

 JUSTIFICATION :

Hunting can be a dangerous sport when those taking part outwardly
disobey the laws or are not duly precautious of their actions.
However, it is equally important to ensure that the proper legislation
is in place for hunters to abide by. Unfortunately, this potential for
danger became a reality for a Department of Environmental Conservation
Officer last year (perhaps even partially due to this lack of
specified law) when two men were out hunting past legal hours and
accidentally shot an innocent man while in pursuit.

On the evening of December 6, 2016, Department of Environmental
Conservation Officer (ECO) James Davey was on patrol in southern
Columbia County. The time was approximately 5:15p.m., 45 minutes past
legal hunting hours, when Officer Davey was shot by a .30.06. The
bullet penetrated his upper right thigh, hitting his femoral artery
and causing life-threatening bleeding. Thankfully, his companion,
Lieutenant Liza Bobseine, rushed to his aid and was able to manage the
loss of blood while waiting for emergency responders from a fire
station nearby. Officer Davey was transported to Mid-Hudson Hospital
in Poughkeepsie, New York where he underwent treatment. The first
three or four days were critical, having to replenish roughly 10
liters of blood during surgery. After a week's time, Officer Davey was
able to stand, although painfully, and had been in rehabilitation for
some time after to regain proper function.

The shooter was arrested and charged with Assault 2nd, a felony, and
various conservation law violations related to hunting after hours,
along with his partner. At the time, the local defense attorney was
still exploring the possibility of adding additional charges.
Although it may go without saying that hunting outside of legal
hunting hours is a crime, it is important to codify these laws and to
set levels of punishment to deter offenders and to keep our New York
hunters safe. In addition to this, the bill also adds the attempt of
hunting after such hours in order to further safeguard these
regulations and ensure that incidents like the one described above do
not happen again.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
Immediate.

2017-S6107 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6107
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  SEWARD -- 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 and the penal law, in
   relation to the taking of big game outside of legal hunting hours

   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.
   § 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 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 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  thou-
 sand dollars, or by both such imprisonment and fine.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11446-02-7

 S. 6107                             2
 
   § 3. Section 120.05 of the penal law is amended by adding a new subdi-
 vision 4-b to read as follows:
   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
   §  4.    This  act  shall  take  effect  on the first of November next
 succeeding the date on which it shall have become a law.

2017-S6107A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§11-0901 & 71-0921, En Con L; amd §120.05, Pen L

2017-S6107A (ACTIVE) - Summary

2017-S6107A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6107A

 TITLE OF BILL :  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

 PURPOSE :

To clarify that the taking of big game, or any attempt to do so, after
legal hunting hours or outside the legal hunting season is considered
a misdemeanor under state law. The bill also declares that if any
third party is injured during after-hours or out of season hunting
then the violator shall be charged with a felony. Last, failure to
render aid either as the person who violated the provisions of this
bill or as a witness to such a violation will also be held legally
accountable.

 SUMMARY OF PROVISIONS :

Section 1 amends subparagraph 9 of subdivision 4 of section 11-0901 of
the environmental conservation law by adding section 6 of part EE of
chapter 55 of the laws of 2014.

Section 2 amends subdivision 1 of section 71-0921 of the environmental
conservation law, as amended by chapter 289 of the laws of 2004.

Section 3 amends the environmental conservation law by adding a new
section 71-0922.

Section 4 amends the environmental conservation law by adding a new
section 71-0929.

Section 5 amends section 120.05 of the penal law by adding a new
subdivision 4-b.

Section 6 states the effective date.

 EXISTING LAW :

Subparagraph 9 of subdivision 4 of section 11-0901 of the
environmental conservation law lays out the ways in which wild deer
and bear (big game) shall not be taken. Nowhere in these provisions,
however, does it clearly state that a hunter shall not take, or
attempt to take, such wildlife after legal hunting hours or outside
the legal hunting season.

Section 71-0921 of the environmental conservation law defines the acts
within hunting that are misdemeanors when in violation of a specified
section and/or the fish and wildlife law. Subdivision 1 of this
section discusses the illegal taking of big game outside of the normal
hunting season or the use of artificial lighting when hunting.
However, the law has no specification of hunting, or the attempt to
hunt, outside of legal hunting hours within the permitted season.

Neither the environmental conservation law nor the penal law define
any specific repercussions for those who injure a third party while
hunting outside of legal hunting hours or the designated hunting
season. In addition to this, no codified law currently exists
concerning the rendering of aid in such an event as either the
violator or as a witness.

 JUSTIFICATION :

Hunting can be a dangerous sport when those taking part disobey the
laws or are not duly precautious of their actions. However, it is
equally important to ensure that the proper legislation is in place to
guide hunters. Unfortunately, the potential for danger became a
reality for a Department of Environmental Conservation officer last
year when two men were out hunting past legal hours and accidentally
shot an officer while in pursuit.

On the evening of December 6, 2016, Department of Environmental
Conservation Officer (ECO) James Davey was on patrol in southern
Columbia County. The time was approximately 5:15p.m., 45 minutes past
legal hunting hours, when Officer Davey was shot by a .3006. The
bullet penetrated his upper right thigh, hitting his femoral artery
and causing life-threatening bleeding. His partner, Lieutenant Liza
Bobseine, administered first aid while waiting for emergency
responders from a fire station nearby. Officer Davey was transported
to Mid-Hudson Hospital in Poughkeepsie, New York where he underwent
treatment and recovered.

The shooter was arrested and charged with assault 2nd, a felony, and
various conservation law violations, along with his partner. At the
time, the district attorney was still exploring the possibility of
adding additional charges. Although it may go without saying that
hunting outside of legal hunting hours should be a crime, it is
important to codify these laws and to set levels of punishment to
deter offenders and to keep our New York hunters safe. In addition to
this, the bill also adds the attempt of hunting after such hours in
order to further safeguard these regulations and ensure that incidents
like the one described above do not happen again.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
Immediate.

2017-S6107A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6107--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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

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

                                                            LBD11446-03-7

 S. 6107--A                          2
 
 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-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.

 S. 6107--A                          3
 
   § 5. Section 120.05 of the penal law is amended by adding a new subdi-
 vision 4-b to read as follows:
   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.

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Senate Bill S6107

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Jun 19, 2017 - Rules Committee Vote

Rules Committee Vote: Jun 19, 2017

Jun 7, 2017 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Jun 7, 2017

Bill Amendments

2017-S6107 - Details

2017-S6107 - Summary

2017-S6107 - Sponsor Memo

2017-S6107 - Bill Text download pdf

2017-S6107A (ACTIVE) - Details

2017-S6107A (ACTIVE) - Summary

2017-S6107A (ACTIVE) - Sponsor Memo

2017-S6107A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6107

Share this bill

Sponsored By

James L. Seward

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2017-S6107 - Details

2017-S6107 - Summary

2017-S6107 - Sponsor Memo

2017-S6107 - Bill Text download pdf

2017-S6107A (ACTIVE) - Details

2017-S6107A (ACTIVE) - Summary

2017-S6107A (ACTIVE) - Sponsor Memo

2017-S6107A (ACTIVE) - Bill Text download pdf

Comments