What's happening
This bill makes hunting big game outside legal hours a crime, increases penalties for violations causing injury or death, and requires hunters to render aid if someone is injured.
Why it matters
Creates stricter legal consequences for hunters who injure or kill someone while hunting outside legal hours. , elevating such incidents from misdemeanors to felonies (with up to four years in prison, higher fines, and forfeiture of hunting equipment). This is intended to deter risky or irresponsible hunting practices that endanger others.
Mandates that hunters must immediately render aid if they cause or witness an injury while hunting. , making it a crime to flee or fail to help. This introduces a legal duty to act, which could potentially save lives and ensure accountability in hunting accidents.
Expands criminal liability to witnesses of hunting injuries. , not just the person causing harm. Anyone present who fails to help an injured person could face penalties, emphasizing collective responsibility and the importance of immediate response in emergencies.
Clarifies and strengthens the law around hunting hours and equipment. , making illegal hunting outside prescribed times a specific offense and closing loopholes related to attempted illegal hunting. This aims to better protect public safety and wildlife management efforts.
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Who cares
Headline styles
Ban Off-Hours Big Game Hunting
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Recommitted to rules
- Ordered to third reading cal.1910
- Reported and committed to rules
- Print number 6107a
- Amend (t) and recommit 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 Illegal Off-Hours Hunting
In Assembly Committee · Environmental Conservation · Sponsor Didi Barrett
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6107--A
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11446-03-7
S. 6107--A 2
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-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.
S. 6107--A 3
§ 5. Section 120.05 of the penal law is amended by adding a new subdivision 4-b to read as follows:
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.
Sponsor's memo
Title of bill
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
Purpose
To clarify that the taking of big game, or any attempt to do so, after legal hunting hours or outside the legal hunting season is considered a misdemeanor under state law. The bill also declares that if any third party is injured during after-hours or out of season hunting then the violator shall be charged with a felony. Last, failure to render aid either as the person who violated the provisions of this bill or as a witness to such a violation will also be held legally accountable.
Summary of provisions
Section 1 amends subparagraph 9 of subdivision 4 of section 11-0901 of the environmental conservation law by adding section 6 of part EE of chapter 55 of the laws of 2014.
Read the full memo (721 words)
Section 2 amends subdivision 1 of section 71-0921 of the environmental conservation law, as amended by chapter 289 of the laws of 2004.
Section 3 amends the environmental conservation law by adding a new section 71-0922.
Section 4 amends the environmental conservation law by adding a new section 71-0929.
Section 5 amends section 120.05 of the penal law by adding a new subdivision 4-b.
Section 6 states the effective date.
Existing law
Subparagraph 9 of subdivision 4 of section 11-0901 of the environmental conservation law lays out the ways in which wild deer and bear (big game) shall not be taken. Nowhere in these provisions, however, does it clearly state that a hunter shall not take, or attempt to take, such wildlife after legal hunting hours or outside the legal hunting season.
Section 71-0921 of the environmental conservation law defines the acts within hunting that are misdemeanors when in violation of a specified section and/or the fish and wildlife law. Subdivision 1 of this section discusses the illegal taking of big game outside of the normal hunting season or the use of artificial lighting when hunting. However, the law has no specification of hunting, or the attempt to hunt, outside of legal hunting hours within the permitted season.
Neither the environmental conservation law nor the penal law define any specific repercussions for those who injure a third party while hunting outside of legal hunting hours or the designated hunting season. In addition to this, no codified law currently exists concerning the rendering of aid in such an event as either the violator or as a witness.
Justification
Hunting can be a dangerous sport when those taking part disobey the laws or are not duly precautious of their actions. However, it is equally important to ensure that the proper legislation is in place to guide hunters. Unfortunately, the potential for danger became a reality for a Department of Environmental Conservation officer last year when two men were out hunting past legal hours and accidentally shot an officer while in pursuit.
On the evening of December 6, 2016, Department of Environmental Conservation Officer (ECO) James Davey was on patrol in southern Columbia County. The time was approximately 5:15p.m., 45 minutes past legal hunting hours, when Officer Davey was shot by a .3006. The bullet penetrated his upper right thigh, hitting his femoral artery and causing life-threatening bleeding. His partner, Lieutenant Liza Bobseine, administered first aid while waiting for emergency responders from a fire station nearby. Officer Davey was transported to Mid-Hudson Hospital in Poughkeepsie, New York where he underwent treatment and recovered.
The shooter was arrested and charged with assault 2nd, a felony, and various conservation law violations, along with his partner. At the time, the district attorney was still exploring the possibility of adding additional charges. Although it may go without saying that hunting outside of legal hunting hours should be a crime, it is important to codify these laws and to set levels of punishment to deter offenders and to keep our New York hunters safe. In addition to this, the bill also adds the attempt of hunting after such hours in order to further safeguard these regulations and ensure that incidents like the one described above do not happen again.
Legislative history
New bill.
Fiscal implications
None to the state.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.