S1074-2011 - NY Senate Open Legislation - Creates the crime of unlawful defilement of a water supply

Creates the crime of unlawful defilement of a water supply; provides that a person is guilty of such crime when he introduces, places, or causes to be introduced or placed a defiling agent into a water supply; makes definitions; establishes such crime as a class B felony.

Sponsor: BALL / Co-sponsor(s): AVELLA, LANZA, MARTINS, VALESKY / Committee: RULES
Law Section: Penal Law / Law: Add S270.08, Pen L

S1074-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Mar 15, 2012: ADVANCED TO THIRD READING
Mar 14, 2012: 2ND REPORT CAL.
Mar 13, 2012: 1ST REPORT CAL.328
Jan 4, 2012: REFERRED TO FINANCE
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Mar 29, 2011: referred to codes
Mar 28, 2011: DELIVERED TO ASSEMBLY
Mar 28, 2011: PASSED SENATE
Mar 3, 2011: ADVANCED TO THIRD READING
Mar 2, 2011: 2ND REPORT CAL.
Mar 1, 2011: 1ST REPORT CAL.140
Jan 5, 2011: REFERRED TO FINANCE

S1074-2011 Meetings

Finance: Mar 1, 2011, Finance: Mar 13, 2012

S1074-2011 Calendars

S1074-2011 Votes

VOTE: COMMITTEE VOTE: - Finance - Mar 1, 2011

Ayes (30): DeFrancisco, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Hannon, Lanza, Seward, Young, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Kruger, Diaz, Dilan, Rivera, Gianaris, Krueger, Breslin, Montgomery, Oppenheimer, Parker, Perkins, Stewart-Cousins
Ayes W/R (2): Peralta, Stavisky
Excused (2): Johnson, Duane

VOTE: FLOOR VOTE: - Mar 28, 2011

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Absent (2): Huntley, Smith

VOTE: COMMITTEE VOTE: - Finance - Mar 13, 2012

Ayes (33): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Diaz, Dilan, Duane, Gianaris, Montgomery, Parker, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Excused (2): Breslin, Oppenheimer

S1074-2011 Memo

BILL NUMBER:S1074

TITLE OF BILL:

An act
to amend the penal law, in relation to unlawful defilement of a water
supply

PURPOSE OR GENERAL IDEA OF BILL:

This bill would establish the new crime of unlawful defilement of a
water supply.

SUMMARY OF SPECIFIC PROVISIONS:

Presently, there is currently no specific crime of to specifically
punish the defilement of a water supply.

This bill would amend the Penal Law to create a new crime of unlawful
defilement of a water supply. Pursuant to this bill, a person would
be guilty of this crime if he intentionally introduces, places or
causes to be introduced or placed, into a water supply, a defiling
agent with the intent to cause the sickness, physical injury severe
disfigurement or death of another human being, or with the reckless
disregard of causing the sickness, physical injury, severe
disfigurement, or death of another human being, or with the intent to
cause irreparable harm to such water supply, or to disturb the public
peace.

This bill would define "water supply" to mean any public or private
transmission facility, treatment facility source of supply facility,
well or reservoir, which provides potable water for residential,
commercial, industrial and/or fire service needs and would define
"defiling agent" to mean any chemical, biological or radioactive
agent or substance, which is capable when introduced or placed into a
water supply, of causing the sickness, physical injury, severe
disfigurement, or death of a human being, or causing irreparable harm
to such water supply, or causing a disturbance to the public peace.
It should be noted that pursuant to the terms of this bill, a
defiling agent would not include a substance which is introduced or
placed into a water supply by any municipal or state entity, or which
is introduced or placed into a water supply by any agricultural or
industrial entity, as a result of its ordinary lawful operations.

The unlawful defilement of a water supply would be a Class B felony.

JUSTIFICATION:

Terrorism is a crime which is not just committed against the
individuals and families that are caught in its wake, but also
against all of society as a whole. It is the ultimate in senseless
violence and its purposeful disregard for the sanctity and value of
human life is well known. It is a crime which strikes at the very
basis of our free society, and it demands not only our highest
attention, but most importantly. our best efforts to secure the


highest level and swiftest form of justice that our state and nation
can provide.

By creating a new crime of unlawful defilement of a water supply in
article 490.60 of the Penal Law, this bill seeks to protect and
prevent a terrorist attack against our most important and vulnerable
resource our drinking water.

Clean, sale, potable water is indispensable to our state and society.
Because of natural conditions and the quantities consumed, its supply
is often publicly exposed an d readily accessible to those who might
wish to cause mass harm to a society. Because of its critical nature,
when even a few days interruption in its supply could be cataclysmic,
it is a highly attractive target to terrorists.

As a result, special precautions and targeted measures need to be
taken to protect and defend this precious resource. The new Class B
felony established by this bill would severely punish the poisoning
or adulteration of a water supply and will send a strong message that
New York will take whatever strong measures are necessary to protect
its citizens and their vital needs from the evils of terrorism.

PRIOR LEGISLATIVE HISTORY:

2008: S.3588, Passed Senate (59-0)

FISCAL IMPLICATIONS:

This bill would reduce costs for state and local government incurred
in the event of a water supply defilement

EFFECTIVE DATE:

This act would take effect on the first day of November next
succeeding the date on which it shall have become a law.

S1074-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1074
 2011-2012 Regular Sessions
 I N  SENATE
 January 5, 2011
 
 Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
 printed to be committed to the Committee on Finance
 

AN ACT to amend the penal law, in relation to unlawful defilement  of  a
 water supply
 

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 270.08  to
 read as follows:

 

S 270.08 UNLAWFUL DEFILEMENT OF A WATER SUPPLY.
 1. AS USED IN THIS SECTION:

 (A)  "WATER SUPPLY" MEANS ANY PUBLIC OR PRIVATE TRANSMISSION FACILITY,
 TREATMENT FACILITY, SOURCE OF SUPPLY FACILITY, WELL OR RESERVOIR,  WHICH
 PROVIDES  POTABLE  WATER  FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND/OR
 FIRE SERVICE NEEDS.
 (B) "DEFILING AGENT" MEANS ANY  CHEMICAL,  BIOLOGICAL  OR  RADIOACTIVE
 AGENT  OR  SUBSTANCE, WHICH IS CAPABLE, WHEN INTRODUCED OR PLACED INTO A
 WATER SUPPLY, OF CAUSING THE SICKNESS, PHYSICAL INJURY,  SEVERE  DISFIG
 UREMENT,  OR DEATH OF A HUMAN BEING, OR CAUSING IRREPARABLE HARM TO SUCH
 WATER SUPPLY, OR CAUSING A DISTURBANCE TO THE PUBLIC PEACE.  A  DEFILING
 AGENT SHALL NOT INCLUDE A SUBSTANCE WHICH IS INTRODUCED OR PLACED INTO A
 WATER SUPPLY BY ANY MUNICIPAL OR STATE ENTITY, OR WHICH IS INTRODUCED OR
 PLACED INTO A WATER SUPPLY BY ANY AGRICULTURAL OR INDUSTRIAL ENTITY AS A
 RESULT OF ITS ORDINARY LAWFUL OPERATIONS.
 2. A PERSON IS GUILTY OF UNLAWFUL DEFILEMENT OF A WATER SUPPLY WHEN HE
 INTENTIONALLY  INTRODUCES, PLACES, OR CAUSES TO BE INTRODUCED OR PLACED,
 INTO A WATER SUPPLY, A DEFILING AGENT WITH THE INTENT TO CAUSE THE SICK
 NESS, PHYSICAL INJURY, SEVERE DISFIGUREMENT OR DEATH  OF  ANOTHER  HUMAN
 BEING,  OR WITH THE RECKLESS DISREGARD OF CAUSING THE SICKNESS, PHYSICAL
 INJURY, SEVERE DISFIGUREMENT, OR DEATH OF ANOTHER HUMAN BEING,  OR  WITH
 THE INTENT TO CAUSE IRREPARABLE HARM TO SUCH WATER SUPPLY, OR TO DISTURB
 THE PUBLIC PEACE.
 UNLAWFUL DEFILEMENT OF A WATER SUPPLY SHALL BE A CLASS B FELONY.
 

S 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.
 LBD01810-01-1

S1074-2011: Creates the crime of unlawful defilement of a water supply