S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2165
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced by M. of A. MANKTELOW, ANGELINO, DeSTEFANO, GALLAHAN, HAWLEY,
   MILLER,  PALMESANO,  SAYEGH,  SMULLEN -- 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] SUCH PERSON is not licensed or
 privileged to do so. A person who, regardless  of  [his]  SUCH  PERSON'S
 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] SUCH PERSON
 defies a lawful order not to enter or remain, personally communicated to
 [him]  THEM  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] SUCH PERSON 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  responsibility  for  a
 pupil  or  student enrolled in the school or without legitimate business
 or a purpose relating to the operation of the  school  does  so  without
 license and privilege.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03653-01-5
              

 A. 2165                             2
 
   (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
 POSTED. EACH PURPLE MARK SHALL BE: (I) A VERTICAL LINE OF AT LEAST EIGHT
 INCHES IN LENGTH AND THE BOTTOM OF THE MARK SHALL BE NO LESS THAN  THREE
 FEET  NOR  MORE  THAN FIVE FEET HIGH. SUCH MARKS SHALL BE PLACED NO MORE
 THAN ONE HUNDRED FEET APART AND SHALL BE READILY VISIBLE TO  ANY  PERSON
 APPROACHING  THE  PROPERTY; OR (II) A POST CAPPED OR OTHERWISE MARKED ON
 AT LEAST ITS TOP TWO INCHES. THE BOTTOM OF THE CAP OR MARK SHALL BE  NOT
 LESS  THAN THREE FEET BUT NOT MORE THAN FIVE FEET SIX INCHES HIGH. POSTS
 SO MARKED SHALL BE PLACED NOT MORE THAN THIRTY-SIX FEET APART AND  SHALL
 BE  READILY  VISIBLE  TO  ANY  PERSON APPROACHING THE PROPERTY. PRIOR TO
 APPLYING A CAP OR MARK WHICH IS VISIBLE  FROM  BOTH  SIDES  OF  A  FENCE
 SHARED  BY  DIFFERENT  PROPERTY  OWNERS  OR  LESSEES, ALL SUCH OWNERS OR
 LESSEES SHALL CONCUR IN THE DECISION TO POST THEIR OWN PROPERTY. NOTHING
 IN THIS SUBDIVISION SHALL BE CONSTRUED TO AUTHORIZE THE OWNER OR  LESSEE
 OF ANY REAL PROPERTY TO PLACE ANY PURPLE MARKS ON ANY TREE OR POST OR TO
 INSTALL  ANY POST OR FENCE IF DOING SO WOULD VIOLATE ANY APPLICABLE LAW,
 RULE,  ORDINANCE,  ORDER,  COVENANT,  BYLAW,  DECLARATION,   REGULATION,
 RESTRICTION, CONTRACT, OR INSTRUMENT.
   §  2. The department of agriculture and markets shall conduct a public
 information campaign concerning the provisions of this act. Such depart-
 ment may prepare a brochure or disseminate the information  through  the
 agency  website.  Such  information  shall  include the requirements set
 forth in paragraph (b) of subdivision 5 of section 140.00 of  the  penal
 law,  including information regarding the size requirements of the mark-
 ings as well as the manner in which the markings shall be displayed.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.