Bill Text: NY S04360 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to increasing penalties for littering with bodily fluids on a highway and creates the crime of improper disposal of bodily fluids.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-11 - REFERRED TO TRANSPORTATION [S04360 Detail]

Download: New_York-2019-S04360-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4360
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 11, 2019
                                       ___________
        Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
          relation to the improper disposal of bodily fluids
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1220 of the vehicle and  traffic  law,  subdivision
     2  (b-1) as added by chapter 366 of the laws of 1978 and subdivision (c) as
     3  amended  by  chapter  418  of  the  laws  of 2007, is amended to read as
     4  follows:
     5    § 1220. Throwing refuse on highways and adjacent lands prohibited. (a)
     6  (i) No person shall throw, dump,  deposit  or  place,  or  cause  to  be
     7  thrown,  dumped,  deposited  or  placed  upon any highway, or within the
     8  limits of the right of way of such highway, or upon private lands  adja-
     9  cent  thereto, any refuse, trash, garbage, rubbish, litter or any nause-
    10  ous or offensive matter.
    11    (ii) A violation of  the  provisions  of  this  subdivision  shall  be
    12  punishable  by a fine not to exceed three hundred fifty dollars and/or a
    13  requirement to perform services for a public  or  not-for-profit  corpo-
    14  ration,  association,  institution or agency not to exceed ten hours and
    15  for any second or subsequent violation by a fine  not  to  exceed  seven
    16  hundred dollars and/or a requirement to perform services for a public or
    17  not-for-profit  corporation,  association,  institution or agency not to
    18  exceed fifteen hours.
    19    (b) (i) No person shall throw, dump, deposit or place, or cause to  be
    20  thrown,  dumped,  deposited  or  placed  upon any highway, or within the
    21  limits of the right of way of such highway, or upon private lands  adja-
    22  cent thereto, any container containing bodily fluids.
    23    (ii)  A  violation  of  the  provisions  of  this subdivision shall be
    24  punishable by:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06696-03-9

        S. 4360                             2
     1    (A) imprisonment of not more than nine months and/or  a  fine  not  to
     2  exceed one thousand dollars; or
     3    (B)  a  requirement to perform services for a public or not-for-profit
     4  corporation, association, institution or  agency  not  to  exceed  forty
     5  hours shall be spent cleaning litter debris from public roads, parks and
     6  other public areas or facilities.
     7    (c) Nothing herein contained shall be construed as prohibiting the use
     8  in  a  reasonable  manner of ashes, sand, salt or other material for the
     9  purpose of reducing the hazard of, or providing traction on snow, ice or
    10  sleet.
    11    [(b-1)] (d) Nothing herein contained shall be construed as prohibiting
    12  the use of any highway or private lands adjacent thereto for the  trans-
    13  port  or transit of agricultural trucks, machines or implements or dairy
    14  or domestic animals or agricultural stock with any accompanying  reason-
    15  able or unavoidable deposit of nauseous or offensive matter.
    16    [(c)  A violation of the provisions of subdivision (a) of this section
    17  shall be punishable by a fine not to exceed three hundred fifty  dollars
    18  and/or  a requirement to perform services for a public or not-for-profit
    19  corporation, association, institution or agency not to exceed ten  hours
    20  and for any second or subsequent violation by a fine not to exceed seven
    21  hundred dollars and/or a requirement to perform services for a public or
    22  not-for-profit  corporation,  association,  institution or agency not to
    23  exceed fifteen hours.]
    24    § 2. The penal law is amended by adding a new section 145.80  to  read
    25  as follows:
    26  § 145.80 Improper disposal of bodily fluids.
    27    A person is guilty of improper disposal of bodily fluids when a person
    28  throws,  dumps,  deposits  or  places,  or  causes to be thrown, dumped,
    29  deposited or placed into any public trash or recycling  receptacle,  any
    30  container containing bodily fluids. The provisions of this section shall
    31  not  apply  to  the  disposal of diapers not otherwise prohibited by any
    32  other provision of law.
    33    Improper disposal of bodily fluids is a class A misdemeanor.
    34    § 3. This act shall take effect on the first of November next succeed-
    35  ing the date on which it shall have become a law.
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