senate Bill S1016

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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 20 / May / 2013
    • 1ST REPORT CAL.629
  • 21 / May / 2013
    • 2ND REPORT CAL.
  • 22 / May / 2013
    • ADVANCED TO THIRD READING
  • 23 / May / 2013
    • PASSED SENATE
  • 23 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 23 / May / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 04 / Feb / 2014
    • 1ST REPORT CAL.131
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 05 / Mar / 2014
    • PASSED SENATE
  • 05 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 05 / Mar / 2014
    • REFERRED TO CODES

Summary

Creates the crime of environmental damage of property.

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Bill Details

Versions:
S1016
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง145.24, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S702A
2009-2010: S8486

Sponsor 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.

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

                                  1016

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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

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