Creates the crime of environmental damage of property.

---

S1016-2013 Actions

• May 23, 2013: referred to codes
• May 23, 2013: DELIVERED TO ASSEMBLY
• May 23, 2013: PASSED SENATE
• May 22, 2013: ADVANCED TO THIRD READING
• May 21, 2013: 2ND REPORT CAL.
• May 20, 2013: 1ST REPORT CAL.629
• Jan 9, 2013: REFERRED TO CODES

S1016-2013 Meetings

Codes: May 20, 2013

S1016-2013 Calendars

Active List: May 23, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013 , Floor Calendar: May 23, 2013

S1016-2013 Votes

S1016-2013 Memo

BILL NUMBER:S1016

TITLE OF BILL:
An  act  to  amend the penal law, in relation to creating the crime of
environmental damage of property

PURPOSE:
This bill would criminalize intentional  or  reckless  damage  to  the
environment done in the course of committing another crime.

SUMMARY OF PROVISIONS:
The  penal  law is amended by adding new section 145.24, to create the
new crime of environmental damage of property.

JUSTIFICATION:
During the commission of a crime, defendants are often so focused upon
their criminal intent that they disregard the impact of the  potential
damage  that  they may cause in facilitating their crime. For example,
when a defendant is intent on stealing a car radio, the smashed window
is unimportant to him  or  her.  The  statutes  of  Criminal  Mischief
address  some  of  these  instances,  but  when the resulting physical
damage also leads to damage to the environment, these statutes do  not
address the environment as the "crime victim".

A  recent  incident  in August of 2010 provides a good illustration of
this problem. Defendants, in search of copper  to  steal  and  resell,
broke  into  a  spare electrical transformer. In the process accessing
the copper, 4,800 gallons of oil was  drained  from  the  transformer,
causing land and water contamination of the surrounding environment at
an  estimated  remediation cost of over a million dollars. None of the
current   Criminal   Mischief   statutes   adequately   address   this
environmental devastation.

This bill recognizes the criminality of such large scale environmental
damage,  and  with  an appropriate penalty would hopefully deter petty
thefts  from  doing  such  significant  environmental  damage,  either
intentionally or recklessly.

LEGISLATIVE HISTORY:
2010 Referred to Rules
2011 Passed Senate
2012 Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S1016-2013 Text

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

                                    1016

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
    printed to be committed 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:

  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.
                                                             LBD03934-02-3