Assembly Bill A4716

2021-2022 Legislative Session

Relates to posting of private property

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2021-A4716 (ACTIVE) - Details

See Senate Version of this Bill:
S5372
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §140.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6429, S3994
2019-2020: A9618, S4248
2023-2024: A3661, S1168

2021-A4716 (ACTIVE) - Summary

Permits owners of private property to post such property to prevent trespass by painting purple markings on trees or markers.

2021-A4716 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4716
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2021
                                ___________
 
 Introduced  by  M.  of  A.  MANKTELOW  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to posting private property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  5  of  section  140.00  of the penal law, as
 amended by chapter 698 of the laws  of  1979,  is  amended  to  read  as
 follows:
   5.  "Enter  or  remain  unlawfully."  (A)  A person "enters or remains
 unlawfully" in or upon premises when he is not licensed or privileged to
 do so. A person who, regardless of his intent, enters or remains  in  or
 upon  premises  which  are  at  the time open to the public does so with
 license and privilege unless he defies a lawful order not  to  enter  or
 remain,  personally communicated to him by the owner of such premises or
 other authorized person. A license or privilege to enter or remain in  a
 building  which  is  only  partly open to the public is not a license or
 privilege to enter or remain in that part of the building which  is  not
 open  to  the public. A person who enters or remains upon unimproved and
 apparently unused land, which is neither fenced nor  otherwise  enclosed
 in  a  manner  designed  to  exclude intruders, does so with license and
 privilege unless notice against trespass is personally  communicated  to
 him by the owner of such land or other authorized person, or unless such
 notice  is given by posting in a conspicuous manner. A person who enters
 or remains in or about a school building without written permission from
 someone authorized to issue such  permission  or  without  a  legitimate
 reason  which  includes a relationship involving custody of or responsi-
 bility for a pupil or student enrolled in the school or without  legiti-
 mate  business or a purpose relating to the operation of the school does
 so without license and privilege.
   (B) AN OWNER OR LESSEE OF ANY REAL PROPERTY MAY POST SUCH PROPERTY  BY
 PLACING IDENTIFYING PURPLE MARKS ON TREES OR POSTS AROUND THE AREA TO BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.