BILL NUMBER:  S4696

 TITLE OF BILL :

An act to amend the penal law, in relation to unlawful defilement of a
water supply


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would establish the new crime of unlawful defilement of a
water supply.

 SUMMARY OF SPECIFIC PROVISIONS :

Presently, there is currently no specific crime of to specifically
punish the defilement of a water supply.

This bill would amend the Penal Law to create a new crime of unlawful
defilement of a water supply. Pursuant to this bill, a person would be
guilty of this crime if he intentionally introduces, places or causes
to be introduced or placed, into a water supply, a defiling agent with
the intent to cause the sickness, 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 the intent to cause irreparable harm
              

to such water supply, or to disturb the public peace.

This bill would define "water supply" to mean 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 and would define
"defiling agent" to mean 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
disfigurement, or death of a human being, or causing irreparable harm
to such water supply, or causing a disturbance to the public peace.

It should be noted that pursuant to the terms of this bill, a defiling
agent would 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.

The unlawful defilement of a water supply would be a Class B felony.

 JUSTIFICATION :

Terrorism is a crime which is not just committed against the
individuals and families that are caught in its wake, but also against
all of society as a whole. It is the ultimate in senseless violence
and its purposeful disregard for the sanctity and value of human life
is well known. It is a crime which strikes at the very basis of our
free society, and it demands not only our highest attention, but most
importantly. our best efforts to secure the highest level and swiftest
form of justice that our state and nation can provide.

By creating a new crime of unlawful defilement of a water supply in
article 490.60 of the Penal Law, this bill seeks to protect and
prevent a terrorist attack against our most important and vulnerable
resource our drinking water. Clean, sale, potable water is
indispensable to our state and society. Because of natural conditions
and the quantities consumed, its supply is often publicly exposed an d
readily accessible to those who might wish to cause mass harm to a
society. Because of its critical nature, when even a few days
interruption in its supply could be cataclysmic, it is a highly
attractive target to terrorists. As a result, special precautions and
targeted measures need to be taken to protect and defend this precious
resource.

The new Class 8 felony established by this bill would severely punish
the poisoning or adulteration of a water supply and will send a strong
message that New York will take whatever strong measures are necessary
to protect its citizens and their vital needs from the evils of
terrorism.

 PRIOR LEGISLATIVE HISTORY :
2008: S.3588, Passed Senate (59-0)

 FISCAL IMPLICATIONS :

None noted.

 EFFECTIVE DATE :
This act would take effect on the first day of November next
succeeding the date on which it shall have become a law.