Bill Text: NY S08486 | 2009-2010 | General Assembly | Introduced

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Bill Title: Creates the crime of environmental damage of property.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-09-10 - REFERRED TO RULES [S08486 Detail]

Download: New_York-2009-S08486-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8486
                                   I N  S E N A T E
                                  September 10, 2010
                                      ___________
       Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the penal law, in relation  to  creating  the  crime  of
         environmental damage of property
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new section 145.24  to
    2  read as follows:
    3  S 145.24 ENVIRONMENTAL DAMAGE OF PROPERTY.
    4    1. A PERSON IS GUILTY OF ENVIRONMENTAL DAMAGE OF PROPERTY WHEN, IN THE
    5  COURSE  OF THE COMMISSION OF ANOTHER FELONY ACT, HE OR SHE INTENTIONALLY
    6  OR RECKLESSLY CAUSES  ANY  PROPERTY  DAMAGE  THAT  ALTERS,  DILUTES,  OR
    7  DESTROYS  WATER,  SOIL, OR AIR, AND SUCH DAMAGE NECESSITATES REMEDIATION
    8  COSTS IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
    9    2. IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE  CRIME  OF  ENVIRONMENTAL
   10  DAMAGE  OF  PROPERTY  THAT  THE  DEFENDANT WAS ACTING UNDER A REASONABLE
   11  BELIEF THAT HE OR SHE HAD A RIGHT TO ALTER, DILUTE  OR  DESTROY  DUE  TO
   12  LICENSE  AND/OR  OWNERSHIP  OF SAID PROPERTY, OR THAT THE UNDERLYING ACT
   13  WAS NOT A VIOLATION OF THIS CHAPTER.
   14    ENVIRONMENTAL DAMAGE OF PROPERTY IS A CLASS  C  FELONY.  ANY  SENTENCE
   15  IMPOSED  PURSUANT  TO  A  CONVICTION  UNDER THIS SECTION IS TO BE SERVED
   16  CONSECUTIVE TO ANY SENTENCE IMPOSED FOR THE UNDERLYING FELONY.
   17    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD18123-01-0