senate Bill S702A

Creates the crime of environmental damage of property

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 25 / May / 2011
    • AMEND AND RECOMMIT TO CODES
  • 25 / May / 2011
    • PRINT NUMBER 702A
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1062
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 20 / Mar / 2012
    • 1ST REPORT CAL.413
  • 21 / Mar / 2012
    • 2ND REPORT CAL.
  • 22 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 27 / Mar / 2012
    • PASSED SENATE
  • 27 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 27 / Mar / 2012
    • REFERRED TO CODES

Summary

Creates the crime of environmental damage of property.

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Bill Details

Versions:
S702
S702A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง145.24, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S8486

Sponsor Memo

BILL NUMBER:S702A

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.

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

                                 702--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.
                                                           LBD02066-02-1

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