§ 71-0909 — Forfeitures

New York § 71-0909

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 9: Enforcement of Articles 11 and 13--the Fish and Wildlife Law
• Art. 71: Enforcement

Text

§ 71-0909. Forfeitures.\n 1. If the defendant in any prosecution, civil or criminal, for a\nviolation involving the taking of deer with the aid of an artificial\nlight, is held liable or found guilty, or shall effect a civil\nsettlement of any action or cause of action in favor of the state\narising out of such violation, the defendant's interest in all things\nseized as provided in paragraph f of subdivision 4 of section 71-0907 in\nconnection with such violation shall be declared confiscated by and\nforfeit to the state. Unless a claim of ownership by some other person\nis made to the department within thirty days after the date of seizure\nand is established by order of a court or to the satisfaction of the\ndepartment, all such things shall be disposed of as the department shall\ndirect.\n 2. If the defendant in any prosecution, civil or criminal, for a\nviolation involving the illegal taking, possession, or transportation of\nany fish, shellfish, crustacea, wildlife, game or protected insects, is\nheld liable or found guilty, the ownership and right of possession\nthereof shall be deemed vested or revested in the state for all\npurposes, notwithstanding any claim of the defendant or of any other\nperson to private ownership lawfully acquired prior to the act or\npossession constituting such violation, unless such claim shall be\nestablished or the operation of this subdivision shall be stayed by\norder of a court having jurisdiction of the prosecution or an appeal\ntherefrom, or of the subject matter of the claim, before judgment in\nsuch prosecution is rendered. If any such claim is asserted by or on\nbehalf of any person in the course of any such prosecution, the court in\nwhich the proceedings are had may make such order, or may stay the\njudgment for such time as he deems proper to permit determination of the\nclaim or application for a stay of the operation of this subdivision.\n 3. If the defendant is held liable or found guilty in any prosecution,\ncivil or criminal, for a violation involving: a. the illegal use of a\nnet or other device, other than a boat, vehicle, aircraft or firearm,\nthe use of which is prohibited under any and all circumstances for\ntaking the species for which it was used in the violation involved, or\nis so prohibited except in accordance with a permit issued by the\ndepartment or; b. possession of nets in any case where such possession\nis prohibited by section 11-1517 or subdivision 16 of section 13-0343,\nor if the defendant shall effect a civil settlement of any action or\ncause of action in favor of the state arising out of such violation, the\ndefendant's interest in the device shall be forfeited to the state.\nUnless a claim of ownership of such device shall be made to the\ndepartment by some other person within thirty days thereafter, and shall\nbe established by order of a court or to the satisfaction of the\ndepartment, such device shall be disposed of as the department shall\ndirect.\n 4. If the defendant is held liable or found guilty in any prosecution,\ncivil or criminal, of the taking of shellfish in violation of\nsubdivisions 1 or 2 of section 13-0309 or if the defendant shall effect\na civil compromise of any action or cause of action in favor of the\nstate arising out of such violation, the defendant's interest in any and\nall rakes, tongs, dredges or devices other than a boat or vehicle, used\nfor the purpose of taking shellfish in violation of such provisions\nshall be forfeited to the state. Unless a claim of ownership of such\ndevice shall be made to the department by some other person within\nthirty days thereafter, and shall be established by order of a court or\nto the satisfaction of the department, such device shall be disposed of\nas the department shall direct.\n 4-a. In addition to any other penalties imposed by this chapter, the\nviolation of subdivision 2 or 3 of section 13-0309 of this chapter shall\nbe punishable by forfeiture of any boat or vehicle employed in the\nviolation of such subdivisions.\n 5. a. For the purposes of this section, a claim of ownership shall\nmean any lawful interest, including a part interest or security\ninterest.\n b. A claim of ownership shall not prevent vesting or revesting of\nownership and right of possession in the state pursuant to subdivision 2\nof this section unless the person establishing it either establishes a\nright of ownership exclusive of any interest in the defendant or shall\npurchase or redeem from the state any interest of the defendant by\npayment to the state of the value thereof together with the reasonable\nexpenses of safekeeping of such property between the time of seizure and\nsuch redemption. Establishment of a claim of ownership shall not in any\nevent prevent such revesting in the state if the state shall establish\nthat the illegal possession or transportation of which the defendant is\nheld liable or found guilty was expressly or impliedly permitted by the\nperson establishing the claim of ownership.\n c. Establishment of a claim of ownership consisting of a part\nownership or a security interest shall not entitle the person\nestablishing it to delivery of property as to which the interest of the\ndefendant is declared confiscated or forfeit as provided in subdivision\n1 of this section or is forfeited as provided in subdivisions 3 and 4 of\nthis section unless the person establishing it shall redeem any interest\nof the defendant by payment to the state of the value thereof together\nwith the reasonable expenses of safekeeping of such property between the\ntime of seizure and such redemption. Establishment of a claim of\nownership shall not in any event entitle the person establishing it to\ndelivery of the property if the state shall establish that the illegal\nuse or possession of such property, in the manner or for the purposes or\nin the circumstances making such use or possession illegal, was\nexpressly or impliedly permitted by the person establishing such claim\nof ownership.\n d. Where a person establishing a claim of ownership is required to\npurchase or redeem any interest of the defendant in a civil or criminal\nprosecution in order to be entitled to delivery of property in which\nsuch claim of ownership is established, such interest of the defendant\nmust be so purchased or redeemed not less than ten days after the price\nof purchase or redemption shall have been fixed by order of the court or\nagreed between the person whose claim is so established and the\ndepartment. The department shall have power to enter into such agreement\non behalf of the state. If a person establishing a claim of ownership\nshall fail to purchase or redeem the interest of the defendant within\nthe time provided in this subdivision, or such longer time as may be\nprovided by order of the court or agreement of the department, he shall\nbe deemed to have abandoned his claim of ownership, and the property may\nbe disposed of as if no such claim had been asserted.\n e. All moneys received in payment of the price of redeemption or\npurchase of the defendant's interest shall be deposited in the\nconservation fund provided by section 83 of the State Finance Law.\n 6. A person asserting a claim of ownership as provided in this section\nshall have the burden of proof.\n 7. In any action or proceeding in which any person asserts a claim of\nownership with respect to property in which the interest of the\ndefendant is declared confiscated and forfeited as provided in\nsubdivision 1 of this section or is forfeited as provided in subdivision\n3 of this section, the testimony of such person, or of the defendant in\nthe civil or criminal prosecution, or of both, shall not be deemed\nsufficient to establish his claim unless corroborated by documentary\nevidence or by testimony of some other person not interested in the\nevent.\n