NY State Senate Bill 2013-S4303

Senate Bill S4303

2013-2014 Legislative Session

Provides for the impoundment and forfeiture of machinery, motor vehicles, aircraft and equipment after a previous conviction of illegally harvesting timber

download bill text pdf

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to environmental conservation
Mar 20, 2013	referred to environmental conservation

2013-S4303 (ACTIVE) - Details

See Assembly Version of this Bill:: A2273
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §71-0717, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A842
2011-2012: A423
2015-2016: A1235
2017-2018: A873

2013-S4303 (ACTIVE) - Summary

Provides for the impoundment by law enforcement and forfeiture of any machinery, motor vehicles, aircraft and/or equipment used to illegally harvest timber after having previously been convicted of such offense.

2013-S4303 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4303

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the impoundment of machinery, motor vehicles, aircraft and
equipment used in the illegal taking of trees and timber

PURPOSE:

This bill allows law enforcement agencies to seize machinery motor
vehicles, aircraft and other equipment used by timber thieves who have
once before been convicted of the illegal taking of logs, trees and
timber.

SUMMARY OF PROVISIONS:

Section 1 adds a new section 71-0717 to the environmental conservation
law to allow for the impoundment of timber harvesting equipment by law
enforcement officers from a violator who has previously been convicted
of timber theft.

This section also provides that violators of this section be served
with an appearance ticket, returnable within 24 hours, at which time a
local criminal court shall determine if there is sufficient evidence
to justi- fy the continued impoundment of the equipment. If the court
determined there is a reasonable basis to continue the action, a
hearing will then be held on the violation within fourteen days.

The impounded equipment will be released upon the payment of any fine
which is imposed, along with the payment of any costs associated with
the impoundment. In addition, if such fine is not paid within six
months, the equipment can be sold with the proceeds used to cover the
fine imposed and the costs of the impoundment. Any balance left will
revert to the rightful owner of the equipment.

Section 2 establishes the effective date for this legislation.

JUSTIFICATION:

Timber trespass on public and private forest lands in New York causes
hundreds of thousands of dollars in property loss and environmental
damage each year. Allowing law enforcement officers to seize timber
harvesting equipment of repeat timber theft offenders, provides a
deterrent to such timber thieves who enter upon the lands of another
for the purpose of unlawfully cutting and carrying away valuable
trees.

The bill would assist in deterring timber theft and provide a method
to address fundamental barriers to timber theft prevention,
prosecution arid redress on both public and private lands and provide
a benefit to society that would far outweigh any costs or detriments
to individuals and businesses.

Finally, the bill would send a clear message to the public and law
enforcement agencies that timber theft will not be tolerated.

EXISTING LAW:


This bill adds a new section 71-0717 to the environmental conservation
law.

LEGISLATIVE HISTORY:

2011-2012: A423 referred to Environmental Conservation
2009-2010: A842 referred to Environmental Conservation
2007-2008: Al156 referred to Environmental Conservation
2005-2006: A401 referred to Environmental Conservation
2003-2004: A9488 referred to Environmental Conservation/S2752A
referred to Environmental Conservation

FISCAL IMPLICATIONS:

Increase in revenue from scofflaws who do not pay their fine within
six months. If the fines are not paid within six months, law
enforcement officials are able to auction off the impounded equipment
to cover the costs of the fine and the costs of impoundment.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2013-S4303 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4303

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 20, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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
  impoundment  of machinery, motor vehicles, aircraft and equipment used
  in the illegal taking of trees and timber

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new section 71-0717 to read as follows:
S 71-0717. IMPOUNDMENT AND  FORFEITURE  OF  MACHINERY,  MOTOR  VEHICLES,
             AIRCRAFT  AND EQUIPMENT USED IN THE ILLEGAL TAKING OF TREES
             OR TIMBER.
  1.  IN THE EVENT, A PERSON IS CONVICTED OF A SECOND  SEPARATE  ACT  OF
UNLAWFULLY  HARVESTING  TREES  OR  TIMBER, ANY MACHINERY, MOTOR VEHICLE,
AIRCRAFT AND/OR EQUIPMENT USED BY SUCH PERSON DURING THE  COMMISSION  OF
SUCH  SECOND  UNLAWFUL ACT MAY BE IMPOUNDED BY A PEACE OFFICER OR POLICE
OFFICER AND FORFEITED AS PROVIDED IN THIS SECTION.    UPON  IMPOUNDMENT,
THE  POLICE  OFFICER  OR PEACE OFFICER MAY ISSUE AN APPEARANCE TICKET TO
THE VIOLATOR OR VIOLATORS AND SHALL PROVIDE THAT THE RETURN  DATE  SHALL
BE WITHIN TWENTY-FOUR HOURS OF THE TIME OF ISSUANCE.
  2.  THEREAFTER THE POLICE OFFICER OR PEACE OFFICER SHALL FILE AN ACCU-
SATORY INSTRUMENT IN THE LOCAL CRIMINAL COURT, AS PROVIDED FOR IN  ARTI-
CLE  ONE  HUNDRED  FIFTY OF THE CRIMINAL PROCEDURE LAW, STATING THAT THE
OWNERS OR OPERATORS OF SUCH EQUIPMENT HAD USED OR WERE IN THE PROCESS OF
USING SUCH EQUIPMENT WHILE UNLAWFULLY HARVESTING TREES OR TIMBER,  AFTER
HAVING PREVIOUSLY BEEN CONVICTED OF SUCH OFFENSE.
  3. AT THE TIME AND PLACE DESIGNATED IN THE APPEARANCE TICKET THE COURT
SHALL  DETERMINE  IF THE PERSON CHARGED WITH UNLAWFULLY HARVESTING TREES
OR TIMBER AFTER HAVING PREVIOUSLY BEEN CONVICTED OF SUCH OFFENSE AND  IF
THERE  IS SUFFICIENT INFORMATION BEFORE THE COURT TO JUSTIFY THE CONTIN-
UED IMPOUNDMENT OF  SUCH  MACHINERY,  MOTOR  VEHICLES,  AIRCRAFT  AND/OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02378-01-3

S. 4303                             2

EQUIPMENT  PENDING  THE DISPOSITION OF THE VIOLATION OF LAW SET FORTH IN
THE ACCUSATORY INSTRUMENT. IN THE EVENT THE COURT  DETERMINES  THAT  THE
INTERESTS  OF  JUSTICE  REQUIRE THE RELEASE OF SUCH IMPOUNDED MACHINERY,
MOTOR  VEHICLES,  AIRCRAFT  AND/OR  EQUIPMENT THE COURT MAY PROVIDE THAT
SECURITY, IN AN AMOUNT DETERMINED BY THE COURT, SHALL BE PROVIDED BY THE
VIOLATOR IN LIEU OF SUCH IMPOUNDMENT.
  4. UPON A FINDING THAT THERE IS A REASONABLE BASIS FOR CONTINUING  THE
ACTION AGAINST THE VIOLATOR, THE COURT SHALL SET A TIME AND PLACE WITHIN
FOURTEEN  DAYS  AFTER  THE HEARING ON THE ACCUSATORY INSTRUMENT AT WHICH
THE VIOLATION OF LAW SET FORTH IN THE  ACCUSATORY  INSTRUMENT  SHALL  BE
TRIED.
  5.  THE IMPOUNDED EQUIPMENT SHALL BE RELEASED TO THE VIOLATOR UPON THE
PAYMENT OF ANY FINE IMPOSED, AS WELL AS PAYMENT OF  THE  REASONABLE  AND
NECESSARY IMPOUNDMENT COSTS INCURRED BY THE IMPOUNDING AUTHORITY.
  6.  SHOULD  SIX  MONTHS  EXPIRE AND THE VIOLATOR HAS FAILED TO PAY THE
FINE, THE IMPOUNDING AUTHORITY SHALL HAVE THE RIGHT TO SELL THE IMPOUND-
ED EQUIPMENT AT A PUBLIC SALE ON AT LEAST THIRTY DAYS PUBLIC NOTICE. THE
PROCEEDS OF SUCH SALE SHALL BE USED FIRST TO PAY THE COST  INCURRED  FOR
IMPOUNDING  THE EQUIPMENT AND THEN TO PAY ANY FINE IMPOSED BY THE COURT.
ANY BALANCE SHALL BE PAID TO THE RIGHTFUL OWNER OF THE IMPOUNDED  EQUIP-
MENT.
  7.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT LIMIT OR IMPAIR THE
AUTHORITY OF A POLICE OFFICER  OR  PEACE  OFFICER  TO  ARREST  A  PERSON
COMMITTING A CRIME.
  S 2. 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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