Senate Bill S8486

2009-2010 Legislative Session

Creates the crime of environmental damage of property

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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-S8486 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add ยง145.24, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S702
2013-2014: S1016
2015-2016: S834
2017-2018: S1007

2009-S8486 (ACTIVE) - Summary

Creates the crime of environmental damage of property.

2009-S8486 (ACTIVE) - Sponsor Memo

2009-S8486 (ACTIVE) - Bill Text download pdf 

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

                                  8486

                            I N  S E N A T E

                           September 10, 2010
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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:

  Section 1. The penal law is amended by adding a new section 145.24  to
read as follows:
S 145.24 ENVIRONMENTAL DAMAGE OF PROPERTY.
  1. A PERSON IS GUILTY OF ENVIRONMENTAL DAMAGE OF PROPERTY WHEN, IN THE
COURSE  OF THE COMMISSION OF ANOTHER FELONY ACT, HE OR SHE INTENTIONALLY
OR RECKLESSLY CAUSES  ANY  PROPERTY  DAMAGE  THAT  ALTERS,  DILUTES,  OR
DESTROYS  WATER,  SOIL, OR AIR, AND SUCH DAMAGE NECESSITATES REMEDIATION
COSTS IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
  2. IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE  CRIME  OF  ENVIRONMENTAL
DAMAGE  OF  PROPERTY  THAT  THE  DEFENDANT WAS ACTING UNDER A REASONABLE
BELIEF THAT HE OR SHE HAD A RIGHT TO ALTER, DILUTE  OR  DESTROY  DUE  TO
LICENSE  AND/OR  OWNERSHIP  OF SAID PROPERTY, OR THAT THE UNDERLYING ACT
WAS NOT A VIOLATION OF THIS CHAPTER.
  ENVIRONMENTAL DAMAGE OF PROPERTY IS A CLASS  C  FELONY.  ANY  SENTENCE
IMPOSED  PURSUANT  TO  A  CONVICTION  UNDER THIS SECTION IS TO BE SERVED
CONSECUTIVE TO ANY SENTENCE IMPOSED FOR THE UNDERLYING FELONY.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD18123-01-0

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