[First Reprint]

ASSEMBLY, No. 3249

STATE OF NEW JERSEY

211th LEGISLATURE

INTRODUCED SEPTEMBER 23, 2004

Sponsored by:

Assemblyman ROBERT J. SMITH

District 4 (Camden and Gloucester)

SYNOPSIS

    Prohibits member of incorporated fish and game protective association or society from enforcing fish and game laws.

CURRENT VERSION OF TEXT

    As reported by the Assembly Agriculture and Natural Resources Committee on October 18, 2004, with amendments.

An Act concerning the authority of members of fish and game protective associations ¹and game protective societies¹ , and amending R.S.23:10-3 and R.S.23:10-5.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. R.S.23:10-3 is amended to read as follows:

    23:10-3. Proceedings for the recovery of penalties for the violation of any provision of [this] Title 23 of the Revised Statutes, ¹[any provision of]¹ any law supplementary thereto, or ¹[any provision of]¹ the State Fish and Game Code shall be brought in the name of the State ¹[,]¹ by a ¹[duly commissioned warden, deputy warden, police officer, constable [or a member of any regularly incorporated fish and game protective association,] or the fish and game protector] conservation officer, deputy conservation officer, police officer, or other person authorized to make arrests for such violations¹ as prosecutor, and no such proceeding shall be instituted by any other person unless specifically authorized by law.

(cf: P.L.1948, c.448, s.79)

    2. R.S.23:10-5 is amended to read as follows:

    23:10-5. ¹[Any constable, police officer, fish and game warden, protector, or deputy warden [, or any officer or member of any incorporated game protective society] may, for a violation of any provision of [this] Title 23 of the Revised Statutes, or any provision of any law supplementary thereto, or of any provision of the State Fish and Game Code] A conservation officer, deputy conservation officer, police officer, or other person authorized to make arrests for the violation of any provision of Title 23 of the Revised Statutes, any law supplementary thereto, or the State Fish and Game Code may, for any such violation¹ committed within the view of ¹[any such] the¹ officer or person, arrest, without warrant, the offender and ¹[carry] bring¹ [him] the offender before a court in the county wherein [such] the arrest is made. ¹[Any person or persons] A person¹ who shall, by threat, menace or force, or in any manner, attempt to deter or prevent ¹[any fish and game warden] a conservation officer, deputy conservation officer, police officer,¹ or other person authorized to make ¹such¹ arrests ¹[for violation of the fish and game laws of this State, or any provision of any law supplementary thereto, or any provision of the State Fish and Game Code]¹ or who shall resist arrest or the seizure of boats or nets or other apparatus illegally used, shall be subject to a fine of [one hundred dollars ($100.00)] ¹[$100] between $200 and $500 for each offense¹ .

(cf: P.L.1953, c.23, s.7)

    3. This act shall take effect immediately.