Assembly Bill A7712

2015-2016 Legislative Session

Creates the crime of environmental damage of property

download bill text pdf

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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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2015-A7712 (ACTIVE) - Details

See Senate Version of this Bill:
S834
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง145.24, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S8486
2011-2012: S702
2013-2014: S1016
2017-2018: A1427, S1007

2015-A7712 (ACTIVE) - Summary

Creates the crime of environmental damage of property.

2015-A7712 (ACTIVE) - Bill Text download pdf 

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

                                  7712

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2015
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee on Codes

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,  CONTAMINATES,  OR
DESTROYS  THE  QUALITY  OF WATER, SOIL, OR AIR, AND SUCH DAMAGE NECESSI-
TATES 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, CONTAMINATE 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.
                                                           LBD03815-01-5

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