2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 5 - Enforcement of Provisions Derived From Former Conservation Law › 71-0519 - Compromise of Civil Penalty.

§ 71-0519. Compromise of civil penalty.
1.  A  person  who  has violated any of the provisions of this chapter
  listed in section 71-0501 or under titles 5  through  15  inclusive  and
  title  33  of this article, and who desires to compromise and settle his
  civil liability therefor, may  appear  with  any  conservation  officer,
  regional  and  assistant  regional  conservation  officer,  special game
  protector, district ranger,  forest  ranger,  or  member  of  the  state
  police,  before a court or justice having jurisdiction in civil actions,
  and thereupon such person may, upon the consent of the representative of
  the department appearing, compromise and settle his liability for  civil
  penalties,  for an amount agreed upon between said court or justice, the
  representative of the department  and  the  person  who  committed  such
  violation.
2.  The agreed amount shall not be less than ten dollars nor more than
  the amount for which such person would be liable in a civil  action  for
  penalties;  provided  that any person who has violated the provisions of
  this chapter listed in section 71-0501 or  under  titles  5  through  13
  inclusive  and titles 27 and 33 of this article, involving the taking of
  a deer with the aid of an artificial light, or  has  illegally  taken  a
  deer  prior to the first day of the open season or after the last day of
  the open season in the county in which taken, or has otherwise illegally
  taken a deer, and  who  desires  to  compromise  and  settle  his  civil
  liability  therefor,  may, in the manner herein provided, compromise and
  settle his liability for civil penalties under the  provisions  of  this
  chapter listed in section 71-0501 or under titles 5 through 13 inclusive
  and  titles  27  and  33 of this article, in an amount not less than one
  hundred dollars nor more than the amount for which such person would  be
  liable in a civil action for penalties.
3.  If  such compromise be made, such person shall forthwith subscribe
  his name to a statement setting forth concisely the  facts  constituting
  such  violation,  the  amount  agreed  upon,  and that a judgment may be
  entered against him for that sum. Upon said  statement  being  sworn  to
  before and filed with said court or justice, he shall forthwith enter in
  his civil docket a record of the proceedings and amount of the judgment.
4.  Said  court  or  justice  shall upon the entry of such judgment be
  entitled to a fee of two dollars and fifty  cents  to  be  paid  by  the
  person  who  committed  such  violation,  provided, however, that if the
  justice is a justice of a  town  or  village,  such  fee  shall  be  the
  property  of the town or village of which he is an officer, and shall be
  paid by said justices to the State Comptroller in  the  same  manner  as
  other fees received by such justice.
5.  A  judgment  entered  as  provided  herein  may  be enforced by an
  execution against the property of the defendant, but no  body  execution
  shall  issue  thereon. Such judgment shall be a bar to a criminal action
  for the same violation, if satisfied within thirty days from the date of
  the entry thereof.
6. Whenever a person who desires to compromise and  settle  his  civil
  liability  pursuant  to the provisions of this section is an infant over
  the age of fourteen years, upon his appearance  for  such  purpose,  the
  court  or  justice  before  whom  such appearance is made, may, upon the
  application of such person appoint a person to appear  as  his  guardian
  for  the  purpose of compromising and settling his said civil liability.
  The written consent of the person so appointed must be  filed  with  the
  court or justice before his appointment.