What's happening
This bill makes it illegal to hunt big game outside legal hours and requires hunters to render aid if someone is injured, with increased penalties for violations resulting in injury or death.
Why it matters
Expands legal responsibility for hunters. by making it a crime not only to injure someone while hunting, but also to witness an injury and fail to provide aid—meaning bystanders can now be held legally accountable.
Significantly increases penalties. for illegal hunting that results in injury or death, elevating certain violations from misdemeanors to felonies, and adding possible forfeiture of hunting equipment and vehicles used in the offense.
Targets reckless and negligent hunting behavior. by specifying that injuries caused while hunting outside of legal hours are now explicitly subject to criminal assault charges, aiming to deter risky behavior during prohibited times.
Introduces a broader scope of enforcement and deterrence. by making attempted illegal hunting punishable, not just successful violations, and by clarifying that both the person who inflicts injury and witnesses who fail to help may face criminal and financial consequences.
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Who cares
Headline styles
Ban Illegal Off-Hours Hunting
Plain English, a few words. Used as the page title.
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History
- 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.
Ban Off-Hours Big Game Hunting
In Senate Committee · Environmental Conservation · Sponsor James L. Seward
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8459
2017-2018 Regular Sessions
IN ASSEMBLY
June 16, 2017
Introduced by M. of A. BARRETT -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law and the penal law, in relation to the taking of big game outside of legal hunting hours and failure to render aid
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph 9 of paragraph b of subdivision 4 of section 11-0901 of the environmental conservation law, as added by section 6 of part EE of chapter 55 of the laws of 2014, is amended to read as follows:
(9) with a crossbow unless such crossbow shall consist of a bow and string, either compound or recurve, that launches a minimum fourteen inch bolt, not including point, mounted upon a stock with a trigger that holds the string and limbs under tension until released. The trigger unit of such crossbow must have a working safety. The minimum limb width of such crossbow shall be seventeen inches, have a minimum peak draw weight of one hundred pounds and a maximum peak draw weight of two hundred pounds. The minimum overall length of such crossbow from buttstock to front of limbs shall be twenty-four inches; or
(10) outside of legal hunting hours.
§ 1-a. Subparagraph 9 of paragraph c of subdivision 4 of section 11-0901 of the environmental conservation law, as added by section 7 of part EE of chapter 55 of the laws of 2014, is amended to read as follows:
(9) with a crossbow unless such crossbow shall consist of a bow and string, either compound or recurve, that launches a minimum fourteen inch bolt, not including point, mounted upon a stock with a trigger that holds the string and limbs under tension until released. The trigger unit of such crossbow must have a working safety. The minimum limb width of such crossbow shall be seventeen inches, have a minimum peak draw
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11446-04-7
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weight of one hundred pounds and a maximum peak draw weight of two hundred pounds. The minimum overall length of such crossbow from buttstock to front of limbs shall be twenty-four inches; or
(10) outside of legal hunting hours.
§ 1-b. Section 11-0931 of the environmental conservation law is amended by adding a new subdivision 8 to read as follows:
8. No person shall inflict injury on or witness the infliction of an injury to any person with any firearm, longbow or crossbow, while hunting or trapping, and then flee or fail to render immediate and full assistance and aid to the person upon which the injury was inflicted.
§ 2. Subdivision 1 of section 71-0921 of the environmental conservation law, as amended by chapter 289 of the laws of 2004, is amended to read as follows:
1. The illegal taking of or attempting to take big game prior to the first day of the open season or after the last day of the open season in the county or part thereof where taken, [or] any illegal taking of or attempting to take a deer, [or] the taking of or attempting to take big game by the aid of an artificial light or the taking or attempt to take big game outside of legal hunting hours. Each such misdemeanor shall be punishable by imprisonment for not more than one year or by a fine of not less than two hundred fifty dollars nor more than two thousand dollars, or by both such imprisonment and fine.
§ 3. The environmental conservation law is amended by adding a new section 71-0922 to read as follows: § 71-0922. Punishment of certain violations resulting in death.
Where a violation of the environmental conservation law is a misdemeanor under subdivision one of section 71-0921 of this title and such violation results in the injury or death of a person, such violation shall instead be a class E felony, punishable by imprisonment for not more than four years, a fine of not more than ten thousand dollars and forfeiture of any motorized vehicles, firearms, longbows and crossbows used in the violation.
§ 4. The environmental conservation law is amended by adding a new section 71-0929 to read as follows: § 71-0929. Failure to render aid.
Notwithstanding any other provisions of this chapter, when a violation of subdivision eight of section 11-0931 of this chapter occurs, such violation shall be punishable as follows:
a. For a violation where the person injured does not die from said injuries, the person inflicting such injuries shall be guilty of a misdemeanor, punishable by imprisonment for not more than ninety days, a fine of not less than two hundred dollars nor more than one thousand dollars or by both such imprisonment and fine.
b. For a violation where the person injured dies from said injuries, the person inflicting such injuries shall be guilty of a class E felony, punishable by imprisonment for not more than four years, a fine of not less than five hundred dollars nor more than two thousand dollars or by both such imprisonment and fine.
c. For a violation where a person is injured or killed, a person witnessing the infliction of such injuries shall be guilty of a violation, punishable by imprisonment for not more than fifteen days or a fine of not more than two hundred fifty dollars or by both such imprisonment and fine.
§ 5. Section 120.05 of the penal law is amended by adding a new subdivision 4-b to read as follows:
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4-b. He or she recklessly causes physical injury to another person while taking or attempting to take big game outside of legal hunting hours; or
§ 6. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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