Bill Text: NY A03420 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 3420 (Prior Session Legislation)

Introduced

Bill Title: Creates the crime of unlawful defilement of a water supply; provides that a person is guilty of such crime when he introduces, places, or causes to be introduced or placed a defiling agent into a water supply; makes definitions; establishes such crime as a class B felony.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A03420 Detail]

Download: New_York-2013-A03420-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3420
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 25, 2013
                                      ___________
       Introduced by M. of A. TITUS -- Multi-Sponsored by -- M. of A. MAGNAREL-
         LI -- read once and referred to the Committee on Codes
       AN  ACT  to amend the penal law, in relation to unlawful defilement of a
         water supply
         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 490.60 to
    2  read as follows:
    3  S 490.60 UNLAWFUL DEFILEMENT OF A WATER SUPPLY.
    4    1. AS USED IN THIS SECTION:
    5    (A) "WATER SUPPLY" MEANS ANY PUBLIC OR PRIVATE TRANSMISSION  FACILITY,
    6  TREATMENT  FACILITY, SOURCE OF SUPPLY FACILITY, WELL OR RESERVOIR, WHICH
    7  PROVIDES POTABLE WATER FOR RESIDENTIAL,  COMMERCIAL,  INDUSTRIAL  AND/OR
    8  FIRE SERVICE NEEDS.
    9    (B)  "DEFILING  AGENT"  MEANS  ANY CHEMICAL, BIOLOGICAL OR RADIOACTIVE
   10  AGENT OR SUBSTANCE, WHICH IS CAPABLE, WHEN INTRODUCED OR PLACED  INTO  A
   11  WATER  SUPPLY,  OF CAUSING THE SICKNESS, PHYSICAL INJURY, SEVERE DISFIG-
   12  UREMENT, OR DEATH OF A HUMAN BEING, OR CAUSING IRREPARABLE HARM TO  SUCH
   13  WATER  SUPPLY,  OR CAUSING A DISTURBANCE TO THE PUBLIC PEACE. A DEFILING
   14  AGENT SHALL NOT INCLUDE A SUBSTANCE WHICH IS INTRODUCED OR PLACED INTO A
   15  WATER SUPPLY BY ANY MUNICIPAL OR STATE ENTITY, OR WHICH IS INTRODUCED OR
   16  PLACED INTO A WATER SUPPLY BY ANY AGRICULTURAL OR INDUSTRIAL ENTITY AS A
   17  RESULT OF ITS ORDINARY LAWFUL OPERATIONS.
   18    2. A PERSON IS GUILTY OF UNLAWFUL DEFILEMENT OF A WATER SUPPLY WHEN HE
   19  INTENTIONALLY INTRODUCES, PLACES, OR CAUSES TO BE INTRODUCED OR  PLACED,
   20  INTO A WATER SUPPLY, A DEFILING AGENT WITH THE INTENT TO CAUSE THE SICK-
   21  NESS,  PHYSICAL  INJURY,  SEVERE DISFIGUREMENT OR DEATH OF ANOTHER HUMAN
   22  BEING, OR WITH THE RECKLESS DISREGARD OF CAUSING THE SICKNESS,  PHYSICAL
   23  INJURY,  SEVERE  DISFIGUREMENT, OR DEATH OF ANOTHER HUMAN BEING, OR WITH
   24  THE INTENT TO CAUSE IRREPARABLE HARM TO SUCH WATER SUPPLY, OR TO DISTURB
   25  THE PUBLIC PEACE.
   26    UNLAWFUL DEFILEMENT OF A WATER SUPPLY SHALL BE A CLASS B FELONY.
   27    S 2. This act shall take effect on the first of November next succeed-
   28  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01732-01-3