Bill Text: NY S02993 | 2017-2018 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S02993 Detail]
Download: New_York-2017-S02993-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 2993 A. 2352 2017-2018 Regular Sessions SENATE - ASSEMBLY January 18, 2017 ___________ 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: 1 Section 1. Subdivision 4 of section 71-0907 of the environmental 2 conservation law, subparagraph 5 of paragraph f as added by chapter 366 3 of the laws of 1981, is amended to read as follows: 4 4. Officers named in subdivision 1 of this section shall have power: 5 a. To execute all warrants and search warrants issued for violation of 6 the Fish and Wildlife Law and to serve subpoenas issued for examination, 7 investigation or trial of offenses against any of its provisions; 8 b. To search without search warrant any boat or vehicle of any kind, 9 any box, locker, basket, creel, crate, game bag, package or any contain- 10 er of any nature and the contents of any building other than a dwelling 11 whenever they have probable cause to believe that any provision of this 12 article or of any law for the protection of fish, shellfish, crustacea, 13 wildlife, game or protected insects has been or is being violated, and 14 to use such force as may be necessary for the purpose of examination and 15 search; 16 c. To search any dwelling and its contents, provided they have a 17 search warrant to do so; 18 d. To arrest without warrant any person committing in their presence a 19 misdemeanor under the provisions of this chapter listed in section 20 71-0501 or under titles 5 through 15 inclusive and title 33 of this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07158-01-7S. 2993 2 A. 2352 1 article and to take such person immediately before a magistrate having 2 jurisdiction for trial; 3 e. To seize as evidence without warrant any fish, shellfish, crusta- 4 cea, wildlife, game, or parts thereof, protected insects or plumage [as5defined in section 11-1729], whenever they have probable cause to 6 believe it is possessed or transported in violation of law, or it bears 7 evidence of illegal taking, or it is possessed or transported under 8 circumstances making the possession or transportation presumptive 9 evidence of illegal taking; 10 f. To seize as evidence without warrant 11 (1) Any net, trap or other device constituting a nuisance as defined 12 in section 71-0915 of this title; 13 (2) Any net, trap or device other than a boat, a vehicle, or aircraft 14 or a firearm when they have probable cause to believe that its 15 possession or use is in violation of any provision of the Fish and Wild- 16 life Law or regulation pursuant thereto; 17 (3) Any firearm, when they have probable cause to believe that it has 18 been used in a violation of the Fish and Wildlife Law constituting a 19 misdemeanor involving the illegal taking or attempting to take wild 20 deer; 21 (4) Any rakes, tongs, dredges, or device other than a boat or vehicle 22 used, or in possession for purpose of use, for the taking of shellfish 23 when they have probable cause to believe that its possession or use is 24 in violation of subdivisions 1 or 2 of section 13-0309 of this chapter. 25 For the purposes of this paragraph "device" includes a bird, dog, or 26 other animal used in or as an aid in taking fish or wildlife, any jack 27 light, spot light or other artificial light other than a headlight 28 attached in proper position to a motor vehicle, any hunting appliance or 29 apparatus and any fishing or netting gear or tackle. This paragraph 30 does not limit any power of seizure pursuant to warrant. 31 (5) Any boat or vehicle, when they have probable cause to believe it 32 has been used for the taking of shellfish in violation of subdivision 2 33 or 3 of section 13-0309 of this chapter by a person possessing, at the 34 time of such use, commercial shellfish harvesting gear or shellfish in 35 excess of two pecks. For the purposes of this subparagraph "commercial 36 shellfish harvesting gear" shall mean rakes, tongs, dredges and other 37 devices commonly used to harvest shellfish for commercial purposes. 38 g. Within twenty-four hours of any search or seizure undertaken with- 39 out a warrant pursuant to this subdivision, the officer shall file with 40 a court of competent jurisdiction an affidavit or sworn statement 41 describing with particularity the basis for probable cause justifying 42 the places that were searched and the items that were seized. A copy of 43 the affidavit or sworn statement shall be mailed by registered mail to 44 any person charged with an offense under this chapter pursuant to the 45 search or seizure within three days of its filing with the court. 46 § 2. This act shall take effect immediately.
