Assembly Bill A2170

2009-2010 Legislative Session

Creates the crime of unlawful defilement of a water supply

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A2170 (ACTIVE) - Details

See Senate Version of this Bill:
S4696
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง270.08, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1882, S1074
2013-2014: A3527, S2295

2009-A2170 (ACTIVE) - Summary

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.

2009-A2170 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2170

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. McENENY, GALEF, EDDINGTON -- Multi-Sponsored by
  -- M. of A. COLTON, CUSICK, JOHN, KOON -- 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:

  Section  1. The penal law is amended by adding a new section 270.08 to
read as follows:
S 270.08 UNLAWFUL DEFILEMENT OF A WATER SUPPLY.
  1. AS USED IN THIS SECTION:
  (A) "WATER SUPPLY" MEANS ANY PUBLIC OR PRIVATE TRANSMISSION  FACILITY,
TREATMENT  FACILITY, SOURCE OF SUPPLY FACILITY, WELL OR RESERVOIR, WHICH
PROVIDES POTABLE WATER FOR RESIDENTIAL,  COMMERCIAL,  INDUSTRIAL  AND/OR
FIRE SERVICE NEEDS.
  (B)  "DEFILING  AGENT"  MEANS  ANY CHEMICAL, BIOLOGICAL OR RADIOACTIVE
AGENT OR SUBSTANCE, WHICH IS CAPABLE, WHEN INTRODUCED OR PLACED  INTO  A
WATER  SUPPLY,  OF CAUSING THE SICKNESS, PHYSICAL INJURY, SEVERE DISFIG-
UREMENT, OR DEATH OF A HUMAN BEING, OR CAUSING IRREPARABLE HARM TO  SUCH
WATER  SUPPLY,  OR CAUSING A DISTURBANCE TO THE PUBLIC PEACE. A DEFILING
AGENT SHALL NOT INCLUDE A SUBSTANCE WHICH IS INTRODUCED OR PLACED INTO A
WATER SUPPLY BY ANY MUNICIPAL OR STATE ENTITY, OR WHICH IS INTRODUCED OR
PLACED INTO A WATER SUPPLY BY ANY AGRICULTURAL OR INDUSTRIAL ENTITY AS A
RESULT OF ITS ORDINARY LAWFUL OPERATIONS.
  2. A PERSON IS GUILTY OF UNLAWFUL DEFILEMENT OF A WATER SUPPLY WHEN HE
INTENTIONALLY INTRODUCES, PLACES, OR CAUSES TO BE INTRODUCED OR  PLACED,
INTO A WATER SUPPLY, A DEFILING AGENT WITH THE INTENT TO CAUSE THE SICK-
NESS,  PHYSICAL  INJURY,  SEVERE DISFIGUREMENT OR DEATH OF ANOTHER HUMAN
BEING, OR WITH THE RECKLESS DISREGARD OF CAUSING THE SICKNESS,  PHYSICAL
INJURY,  SEVERE  DISFIGUREMENT, OR DEATH OF ANOTHER HUMAN BEING, OR WITH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00002-01-9

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