Bill Text: NY A02660 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A02660 Detail]

Download: New_York-2015-A02660-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2660
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced by M. of A. WEPRIN -- read once and referred to the Committee
         on Codes
       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.
                                                                  LBD03815-02-5