S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4911
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2013
                                      ___________
       Introduced  by M. of A. GABRYSZAK, GIGLIO -- Multi-Sponsored by -- M. of
         A. BRENNAN, SCARBOROUGH, TITONE --  read  once  and  referred  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:
    1    Section  1.  Subdivision  1  of  section  71-0921 of the environmental
    2  conservation law, as amended by chapter 289 of  the  laws  of  2004,  is
    3  amended to read as follows:
    4    1.  The  illegal taking of big game prior to the first day of the open
    5  season or after the last day of the open season in the  county  or  part
    6  thereof  where  taken, or any illegal taking of a deer, or the taking of
    7  big game by the aid of an artificial light.  [Each such] A FIRST  misde-
    8  meanor FOR A VIOLATION OF THIS SUBDIVISION shall be punishable by impri-
    9  sonment  for  not  more than one year or by a fine of not less than [two
   10  hundred fifty] FIVE HUNDRED dollars nor more than [two]  THREE  thousand
   11  dollars,  or  by  both  such imprisonment and fine.   ADDITIONALLY, SUCH
   12  PERSON SHALL HAVE ANY EXISTING  FIREARM  LICENSE  HE  OR  SHE  POSSESSES
   13  SUSPENDED FOR TWO YEARS AND SHALL BE INELIGIBLE FOR A FIREARM LICENSE OR
   14  A  HUNTING  LICENSE  FOR  TWO  YEARS. EVERY SUBSEQUENT MISDEMEANOR FOR A
   15  VIOLATION OF THIS SUBDIVISION SHALL BE PUNISHABLE  BY  IMPRISONMENT  FOR
   16  NOT  MORE  THAN  ONE  YEAR  OR  BY  A FINE OF NOT LESS THAN ONE THOUSAND
   17  DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS, OR BY BOTH  SUCH  IMPRISON-
   18  MENT AND FINE. ADDITIONALLY, SUCH PERSON SHALL HAVE ANY EXISTING FIREARM
   19  LICENSE  HE OR SHE POSSESSES SUSPENDED FOR FIVE YEARS, SHALL BE INELIGI-
   20  BLE FOR A FIREARM LICENSE FOR FIVE YEARS AND SHALL FORFEIT  HIS  OR  HER
   21  HUNTING  LICENSE.  ANY  PERSON  REQUIRED  TO  FORFEIT HIS OR HER HUNTING
   22  LICENSE PURSUANT TO THIS SUBDIVISION SHALL SURRENDER IT TO ANY  ENVIRON-
   23  MENTAL  CONSERVATION OFFICER, SPECIAL GAME PROTECTOR OR ANY OTHER PERSON
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08068-01-3
       A. 4911                             2
    1  AUTHORIZED BY THE DEPARTMENT TO RECEIVE IT AND SHALL  BE  INELIGIBLE  TO
    2  PROCURE ANOTHER HUNTING LICENSE FOR TEN YEARS.
    3    S  2.  Subdivision 3 of section 71-0925 of the environmental conserva-
    4  tion law is amended to read as follows:
    5    3. If the violation involves the illegal taking of a deer prior to the
    6  first day of the open season or after the last day of the open season in
    7  the county or part of a county in which taken, or  the  taking  of  deer
    8  with  the  aid  of  an artificial light, or the illegal taking of a wild
    9  deer, [one] TWO hundred dollars and  an  additional  penalty  of  [four]
   10  EIGHT  hundred dollars for the first deer taken and a further penalty of
   11  [five hundred] ONE THOUSAND dollars for each succeeding deer taken;
   12    S 3. This act shall take effect on the one hundred twentieth day after
   13  it shall have become a law; provided, however, that effective immediate-
   14  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   15  necessary  for  the  implementation of this act on its effective date is
   16  authorized and directed to be made  and  completed  on  or  before  such
   17  effective date.