Assembly Bill A1427

2017-2018 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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2017-A1427 (ACTIVE) - Details

See Senate Version of this Bill:
S1007
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §145.24, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S8486
2011-2012: S702
2013-2014: S1016
2015-2016: A7712, S834

2017-A1427 (ACTIVE) - Summary

Creates the crime of environmental damage of property.

2017-A1427 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1427
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by M. of A. JENNE -- read once and referred to the Committee
   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:
 § 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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02434-01-7

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