S702-2011 Actions

• Mar 27, 2012: referred to codes
• Mar 27, 2012: DELIVERED TO ASSEMBLY
• Mar 27, 2012: PASSED SENATE
• Mar 22, 2012: ADVANCED TO THIRD READING
• Mar 21, 2012: 2ND REPORT CAL.
• Mar 20, 2012: 1ST REPORT CAL.413
• Jan 4, 2012: REFERRED TO CODES
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 15, 2011: referred to codes
• Jun 15, 2011: DELIVERED TO ASSEMBLY
• Jun 15, 2011: PASSED SENATE
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 7, 2011: 1ST REPORT CAL.1062
• May 25, 2011: PRINT NUMBER 702A
• May 25, 2011: AMEND AND RECOMMIT TO CODES
• Jan 5, 2011: REFERRED TO CODES

S702-2011 Votes

S702-2011 Memo

 BILL NUMBER:  S702

 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

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

S702-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          702
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 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,  DILUTES,  OR
 DESTROYS  WATER,  SOIL, OR AIR, AND SUCH DAMAGE NECESSITATES 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, DILUTE  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.
 LBD02066-01-1

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