What's happening
This bill allows for the impoundment and possible forfeiture of equipment used in a second illegal harvesting of trees or timber.
Why it matters
Creates a stronger deterrent against repeat timber theft. by allowing law enforcement to impound and potentially forfeit expensive equipment used in a second illegal tree harvesting offense, increasing the consequences for violators beyond just fines.
Establishes a clear and expedited legal process. for impoundment and forfeiture, including appearance tickets, court hearings within 24 hours, and a trial scheduled within 14 days, which aims to balance enforcement efficiency with due process for accused parties.
Provides flexibility for courts. to release impounded equipment if the violator posts security, allowing some relief in cases where continued impoundment may be unjust or create undue hardship.
Ensures any proceeds from the sale of forfeited equipment are allocated primarily to cover impoundment costs and outstanding fines. , with any remaining funds returned to the rightful owner, potentially mitigating unduly harsh financial penalties.
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Who cares
Headline styles
Seize Equipment for Timber Theft
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
873
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. GUNTHER, LIFTON, COOK, CROUCH -- Multi-Sponsored by -- M. of A. BARCLAY, GIGLIO, HAWLEY, MAGEE, RIVERA, STEC -- read once and referred 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 Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 71-0717 to read as follows: § 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 accusatory instrument in the local criminal court, as provided for in article 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03137-01-7
A. 873 2
ued impoundment of such machinery, motor vehicles, aircraft and/or 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 impounded 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 equipment.
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.
§ 2. 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.