Assembly Bill A1603

2023-2024 Legislative Session

Creates the crime of environmental damage of property

download bill text pdf

Sponsored By

Current 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

2023-A1603 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §145.24, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9936
2013-2014: A795
2015-2016: A2660
2017-2018: A4957
2019-2020: A4207
2021-2022: A9196

2023-A1603 (ACTIVE) - Summary

Creates the crime of environmental damage of property.

2023-A1603 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1603
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred 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:
 § 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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01515-01-3



              

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.