NY State Senate Bill 2009-S996

Archive: Last Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jan 22, 2009	referred to codes

2009-S996 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§145.28 & 145.29, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S2458

2009-S996 (ACTIVE) - Summary

Creates the crime of criminal destruction in the first and second degrees; a person is guilty of criminal destruction in the second degree when he or she willfully and knowingly damages or destroys any farm product grown for personal or commercial use or for testing or research purposes; a person is guilty of criminal destruction in the first degree when he or she willfully and knowingly damages or destroys any farm product grown for personal or commercial use or for testing or research purposes and the value of such farm product is greater than ten thousand dollars; criminal destruction in second degree is a class E felony and criminal destruction in the first degree is a class D felony.

2009-S996 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S996

 TITLE OF BILL :
An act to amend the penal law, in relation to criminal destruction


 PURPOSE :
To specify that willful and knowing destruction of an experimental
research crop is criminal destruction.

 SUMMARY OF PROVISIONS :
Amends the Penal Law by adding two new sections on criminal
destruction. A person is guilty of criminal destruction in the third
degree when he or she willfully and knowingly damages or destroys any
field crop product that is grown for personal or commercial purposes,
or for testing or research purposes in the context of a product
development program in conjunction or coordination with a private
research facility or a university or any federal, state, or local
government agency. If the value of such field crop product is greater
than ten thousand dollars based on the market value of the crop prior
to the damage or destruction, and production, research, testing,
replacement, and crop development costs directly related to the crop
that has been damaged or destroyed as part of the value of the crop,
then such person is guilty of criminal destruction in the second
degree. Criminal destruction in the third degree is a class E felony
and in the second degree is a class D felony.

 JUSTIFICATION :
Over the past two to three years there has been a serious rise in
domestic terrorism by groups who vandalize or destroy property for a
"political cause". The attacks of these extremists are especially
alarming to agricultural and higher education communities.
Agricultural research takes significant investment and the destruction
of a research crop may cause for more serious damage than is reflected
by the market value of the crop in the field. For example, a graduate
student's three year doctoral project was destroyed in an attack at
UC-Davis that appeared to be indiscriminate, with 85% of the damaged
crops being crops that were traditionally bred. Similarly, in July of
2000 vandals chopped down acres of corn at Cold Spring Harbor
Laboratory destroying two years of genetic experiments that were the
result of natural plant breeding, not genetic modification. These acts
of destruction are criminal acts, regardless of their supposed
political purpose. The penal law should recognize the seriousness of
these acts, and needs a specific mechanism to calculate the value to
the researcher of these field crops. This legislation provides that
mechanism.

 LEGISLATIVE HISTORY :
S.1556 of 2007-2008
S.1486 of 2005-2006
S.884 of 2003-2004
S.4756 of 2001-2002

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
First of November next succeeding enactment.

2009-S996 (ACTIVE) - Bill Text download pdf

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

                                   996

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

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

AN ACT to amend the penal law, in relation to criminal destruction

  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 two new sections 145.28
and 145.29 to read as follows:
S 145.28 CRIMINAL DESTRUCTION IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CRIMINAL DESTRUCTION IN THE SECOND  DEGREE  WHEN
HE  OR SHE WILLFULLY AND KNOWINGLY DAMAGES OR DESTROYS ANY FARM PRODUCT,
AS DEFINED IN SECTION SEVENTY-ONE-Y OF THE AGRICULTURE AND MARKETS  LAW,
THAT  IS  GROWN  FOR  PERSONAL OR COMMERCIAL PURPOSES, OR FOR TESTING OR
RESEARCH PURPOSES IN THE CONTEXT OF A  PRODUCT  DEVELOPMENT  PROGRAM  IN
CONJUNCTION  OR  COORDINATION  WITH  A  PRIVATE  RESEARCH  FACILITY OR A
UNIVERSITY OR ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY.
  CRIMINAL DESTRUCTION IN THE SECOND DEGREE IS A CLASS E FELONY.
S 145.29 CRIMINAL DESTRUCTION IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CRIMINAL DESTRUCTION IN THE FIRST DEGREE WHEN HE
OR SHE WILLFULLY AND KNOWINGLY DAMAGES OR DESTROYS ANY FARM PRODUCT,  AS
DEFINED  IN  SECTION  SEVENTY-ONE-Y  OF THE AGRICULTURE AND MARKETS LAW,
THAT IS GROWN FOR PERSONAL OR COMMERCIAL PURPOSES,  OR  FOR  TESTING  OR
RESEARCH  PURPOSES  IN  THE  CONTEXT OF A PRODUCT DEVELOPMENT PROGRAM IN
CONJUNCTION OR COORDINATION  WITH  A  PRIVATE  RESEARCH  FACILITY  OR  A
UNIVERSITY  OR  ANY  FEDERAL,  STATE, OR LOCAL GOVERNMENT AGENCY AND THE
VALUE OF SUCH FARM PRODUCT IS GREATER THAN TEN  THOUSAND  DOLLARS.  SUCH
VALUE  SHALL  BE  BASED ON THE MARKET VALUE OF THE FARM PRODUCT PRIOR TO
THE DAMAGE OR DESTRUCTION, AND PRODUCTION, RESEARCH,  TESTING,  REPLACE-
MENT,  AND  CROP  DEVELOPMENT COSTS DIRECTLY RELATED TO THE FARM PRODUCT
THAT HAS BEEN DAMAGED OR DESTROYED AS PART OF  THE  VALUE  OF  THE  FARM
PRODUCT.
  CRIMINAL DESTRUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
  S 2. This act shall take effect on the first of November next succeed-
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.
                                                           LBD06327-01-9

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Senate Bill S996

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2009-S996 (ACTIVE) - Details

2009-S996 (ACTIVE) - Summary

2009-S996 (ACTIVE) - Sponsor Memo

2009-S996 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S996

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Codes Committee

2009-S996 (ACTIVE) - Details

2009-S996 (ACTIVE) - Summary

2009-S996 (ACTIVE) - Sponsor Memo

2009-S996 (ACTIVE) - Bill Text download pdf

Comments