Bill Text: NY A02344 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 2344

Introduced

Bill Title: Establishes the crime of criminally negligent use of real property; establishes that the commission of such crime shall constitute a class A misdemeanor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A02344 Detail]

Download: New_York-2023-A02344-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          2344

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by M. of A. VANEL -- read once and referred to the Committee
          on Codes

        AN ACT to amend the penal law, in relation to establishing the crime  of
          criminally negligent use of real 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 240.80  to
     2  read as follows:
     3  § 240.80 Criminally negligent use of real property.
     4    1.  A  person  is  guilty of criminally negligent use of real property
     5  when he or she:
     6    (a) is an owner or lessor of such real property;
     7    (b) leases or gives possession of such property to a lessee  or  occu-
     8  pant; and
     9    (c)  permits  the  unlawful  use or occupancy of such property by such
    10  lessee or occupant.
    11    2. For purposes of this section the following  terms  shall  have  the
    12  following meanings:
    13    (a) "Permits" shall mean:
    14    (i) knowledge of such unlawful use or occupancy; or
    15    (ii) knowledge of the lessee or occupant, within a period of one year,
    16  being  convicted  of two or more offenses related to the unlawful use or
    17  occupancy of property as described in paragraph (b) of this subdivision.
    18    (b) "Unlawful use or occupancy" shall include, but not be limited  to,
    19  unsanctioned:
    20    (i)  gambling, as defined in subdivision two of section 225.00 of this
    21  chapter;
    22    (ii) combative sports; or
    23    (iii) organized entertainment events, including but  not  limited  to,
    24  events serving and charging for the consumption of alcoholic beverages.
    25    Criminally negligent use of real property is a class A misdemeanor.
    26    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06243-01-3