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History
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 53–9
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1051
- Print number 1595a
- Committed to environmental conservation
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the powers and duties of enforcement officers
In Assembly Committee · Environmental Conservation · Sponsor Fred Thiele
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to the powers and duties of enforcement officers
Purpose
Relates to the powers and duties of enforcement officers.
Summary of provisions
Subdivision 4 of Section 71-0907 of the Environmental Conservation Law, subparagraph 5 of paragraph f as added by Chapter 366 of the Laws of 1981, is amended to relating to the powers and duties of State New York State Department of Environmental Conservation (DEC) enforcement officers with respect to executing all warrants and search warrants issued for violations of the Fish and Wildlife Law.
Justification
This legislation would require "probable cause" for a warrantless search and would require a conservation officer to file a sworn affidavit with the court within 24 hours of the search that describes the basis for probable cause. Any persons charged pursuant to such a search would have the ability to challenge the sufficiency of probable cause in court.
The genesis of this legislation was the practice of warrantless searches and seizures by the DEC, where fish were seized from commercial fishermen and sold by the DEC, only to have the court case involving the fish subsequently dismissed without the DEC ever making restitution. This prompted an investigation by the State Inspector General (IG) who several years later, issued a report and the DEC made restitution to several fishermen. However, the IG report never addressed the underlying constitutional issues related to these warrantless searches, leaving the issue to the State Legislature.
There is no constitutional exemption from the 4th Amendment of the United States Constitution for the State DEC. As such, the DEC must have probable cause for warrantless searches and they should be required to document the basis for probable cause to search. The current state law does not meet this standard, so this legislation is necessary to remedy this infirmity. This legislation still permits the DEC to enforce the law efficiently, but would also protect commercial fishermen from undue invasions of personal privacy where the government had no real basis to conduct a search.
Legislative history
2013-14: S.3060/A.3889 2012:S.6876/A.9751
Fiscal implications
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.