Bill Text: NY S02295 | 2013-2014 | General Assembly | Amended

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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: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-23 - PRINT NUMBER 2295A [S02295 Detail]

Download: New_York-2013-S02295-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2295--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 15, 2013
                                      ___________
       Introduced  by Sens. BALL, AVELLA -- read twice and ordered printed, and
         when printed to be committed to the Committee on Codes --  recommitted
         to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       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 270.08 to
    2  read as follows:
    3  S 270.08 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; AND SHALL
   14  INCLUDE ANY SUBSTANCE  WHICH  IS  THE  BY-PRODUCT  OF  THE  PRACTICE  OF
   15  CONDUCTING  HYDRAULIC  FRACTURING  FOR THE ACQUISITION OF NATURAL GAS OR
   16  OIL.  A DEFILING AGENT SHALL NOT INCLUDE A SUBSTANCE WHICH IS INTRODUCED
   17  OR PLACED INTO A WATER SUPPLY BY ANY MUNICIPAL OR STATE ENTITY, OR WHICH
   18  IS INTRODUCED OR PLACED INTO A  WATER  SUPPLY  BY  ANY  AGRICULTURAL  OR
   19  INDUSTRIAL ENTITY AS A RESULT OF ITS ORDINARY LAWFUL OPERATIONS.
   20    2. A PERSON IS GUILTY OF UNLAWFUL DEFILEMENT OF A WATER SUPPLY WHEN HE
   21  OR  SHE, AS AN INDIVIDUAL OR ACTING IN THE COURSE OF AN INDUSTRIAL PRAC-
   22  TICE, INTENTIONALLY INTRODUCES, PLACES, OR CAUSES TO  BE  INTRODUCED  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05826-02-4
       S. 2295--A                          2
    1  PLACED,  INTO  A WATER SUPPLY, A DEFILING AGENT WITH THE INTENT TO CAUSE
    2  THE SICKNESS, PHYSICAL INJURY, SEVERE DISFIGUREMENT OR DEATH OF  ANOTHER
    3  HUMAN  BEING,  OR  WITH  THE RECKLESS DISREGARD OF CAUSING THE SICKNESS,
    4  PHYSICAL  INJURY,  SEVERE DISFIGUREMENT OR DEATH OF ANOTHER HUMAN BEING,
    5  OR WITH THE INTENT TO CAUSE IRREPARABLE HARM TO SUCH WATER SUPPLY, OR TO
    6  DISTURB THE PUBLIC PEACE.
    7    UNLAWFUL DEFILEMENT OF A WATER SUPPLY SHALL BE A CLASS B FELONY.
    8    S 2. This act shall take effect on the first of November next succeed-
    9  ing the date on which it shall have become a law.