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NY A00423

Bill

Status

Introduced

1/5/2011

Primary Sponsor

Joseph Giglio

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Adds new Environmental Conservation Law section 71-0717 authorizing impoundment and forfeiture of machinery, motor vehicles, aircraft, and equipment used in illegal tree or timber harvesting after a second conviction for such offense

  • Allows peace officers or police officers to impound equipment and issue appearance tickets with return dates within twenty-four hours, followed by filing an accusatory instrument in local criminal court

  • Requires courts to determine within the appearance ticket hearing whether impounded equipment should remain impounded or released upon security payment pending trial, with trial to be scheduled within fourteen days

  • Permits sale of impounded equipment at public auction (with thirty days notice) if the violator fails to pay fines within six months; sale proceeds first cover impoundment costs and fines, with any remainder returned to the rightful owner

  • Takes effect on November 1 following enactment

Legislative Description

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.

Last Action

referred to environmental conservation

1/5/2011

Committee Referrals

Environmental Conservation1/5/2011

Full Bill Text

No bill text available