Assembly Bill A5151

2019-2020 Legislative Session

Establishes the crime of unlawful tampering of the milk supply in the first degree

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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2019-A5151 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §145.28, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6607
2011-2012: A5991
2013-2014: A6467
2015-2016: A3712
2017-2018: A5356

2019-A5151 (ACTIVE) - Summary

Establishes the crime of unlawful tampering of the milk supply in the first degree; makes such a crime a class D felony and makes the person who so tampers liable to the owner of such milk for the fair market value of the impaired or adulterated milk; relieves and holds harmless from liability the owner of such milk supply.

2019-A5151 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5151
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of A. DiPIETRO, HAWLEY, CROUCH, KOLB, FRIEND -- read
   once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   unlawful tampering of the milk supply in the first degree
 
   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 145.28  to
 read as follows:
 § 145.28 UNLAWFUL TAMPERING OF THE MILK SUPPLY IN THE FIRST DEGREE.
   1.  A PERSON IS GUILTY OF UNLAWFUL TAMPERING OF THE MILK SUPPLY IN THE
 FIRST  DEGREE  WHEN,  WITH  INTENT  TO CAUSE A SUBSTANTIAL IMPAIRMENT OR
 ADULTERATION OF RAW MILK, AND HAVING NO RIGHT TO DO SO NOR  ANY  REASON-
 ABLE  GROUND TO BELIEVE THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE DAMAGES
 OR TAMPERS WITH SUCH RAW MILK SUPPLY,  AND  THEREBY  CAUSES  SUBSTANTIAL
 IMPAIRMENT OR ADULTERATION OF SUCH RAW MILK.
   2.  A PERSON WHO UNLAWFULLY TAMPERS WITH A MILK SUPPLY SHALL BE LIABLE
 TO THE OWNER OF SUCH MILK SUPPLY  FOR  THE  FAIR  MARKET  VALUE  OF  THE
 IMPAIRED  OR  ADULTERATED  MILK  SUPPLY AT THE TIME OF THE IMPAIRMENT OR
 ADULTERATION. THE OWNER OF SUCH MILK SUPPLY SHALL, TO THE EXTENT PERMIT-
 TED BY LAW, BE RELIEVED AND HELD HARMLESS FROM  ANY  AND  ALL  LIABILITY
 IMPOSED UNDER THIS SECTION.
   UNLAWFUL TAMPERING OF THE MILK SUPPLY IN THE FIRST DEGREE IS A CLASS D
 FELONY.
   § 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.
                                                            LBD07651-01-9

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