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NY A00423
Bill
Status
1/5/2011
Primary Sponsor
Joseph Giglio
Click for details
AI Summary
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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
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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
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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
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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
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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