senate Bill S682

Relates to establishing the crime of illegal conversion or alteration of real 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
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Relates to establishing the crime of illegal conversion or alteration of real property.

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Bill Details

Versions:
S682
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง145.75, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S7274

Sponsor Memo

BILL NUMBER:S682

TITLE OF BILL:

An act
to amend the penal law, in relation to establishing the crime of illegal
conversion or alteration of real property

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the penal law by adding a new section
145.75 creating the crime of illegal conversion or alteration of real
property. A person is guilty of illegal conversion or alteration of
real property when that person (1) knowingly participated in, or if he
or she is the owner, manager or tenant of such property, observed or
was otherwise aware of the alteration or conversion of such property
in violation of any state or local law, ordinance, code or rule or
regulation relating to real property, buildings or multiple dwellings
and (2) the alteration or conversion causes a serious physical injury
or fatality to one or more persons. Illegal conversion or alteration
of real property is a class C felony; provided, however, that illegal
conversion of alteration of real property that results in fatality to
one or more persons is a class B felony.

Section 2 of the bill sets forth an effective date on the first
November next succeeding the date on which it shall have become law.

JUSTIFICATION:

Improper and illegal building conversions and alterations occur
throughout the state, endangering residents, business owners,
employees, construction workers, and emergency service responders,
primarily firefighters.

Firefighters have been trapped and subsequently seriously injured or
killed while fighting fires in illegally converted buildings in New
York City in recent years, including a January 2005 fire in a Bronx
apartment building with units containing illegal partitions where two
firefighters died and four were injured while fighting the fire.
Again in August 2006, a fire in a Bronx discount store where
renovations had been professionally certified five years prior and
were subsequently poorly implemented, killed two firefighters and
injured over twenty others when the store's floor collapsed as
firefighters entered the building, trapping the men underneath large
quantities of debris. The fire collapse was later attributed to the
building's rotting steel support beams.

Additional tragic events in New York City include a 2009 fire in an
illegally converted building that caused the deaths of 3 people and a
2011 fire in an illegally converted building that seriously injured 6
civilians and 5 firefighters. In late 2011, a police officer was
fatally wounded while trying to apprehend a suspect in an illegally
converted apartment building which many believe created an extremely
dangerous situation for police on the scene.


In a process where not all applications and submissions are reviewed
by local officials and private professionals are often empowered and
trusted to certify project and development plans, it is
crucial that there exist the utmost accountability for the
ramifications of the actions of the parties involved, including the
engineers, architects and landlords.

Greater accountability and stricter obedience to the laws, rules and
regulations regarding conversions and alterations would result in
less dangerous emergency situations and rescue operations for first
responders and and a less hazardous environment for those actually
performing the construction-related work.

LEGISLATIVE HISTORY:

2011-12: S.7274

FISCAL IMPLICATIONS:

Yet to be determined.

EFFECTIVE DATE:

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

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

                                   682

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- 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 establishing the crime  of
  illegal conversion or alteration of real 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 145.75  to
read as follows:
S 145.75 ILLEGAL CONVERSION OR ALTERATION OF REAL PROPERTY.
  A PERSON IS GUILTY OF ILLEGAL CONVERSION OR ALTERATION OF REAL PROPER-
TY WHEN:
  1.  HE OR SHE KNOWINGLY PARTICIPATED IN, OR IF HE OR SHE IS THE OWNER,
MANAGER OR TENANT OF SUCH PROPERTY, OBSERVED OR WAS OTHERWISE  AWARE  OF
THE  ALTERATION OR CONVERSION OF SUCH PROPERTY IN VIOLATION OF ANY STATE
OR LOCAL LAW, ORDINANCE, CODE OR RULE OR  REGULATION  RELATING  TO  REAL
PROPERTY, BUILDINGS OR MULTIPLE DWELLINGS; AND
  2.  THE  ALTERATION  OR CONVERSION CAUSES A SERIOUS PHYSICAL INJURY OR
FATALITY TO ONE OR MORE PERSONS.
  ILLEGAL CONVERSION OR ALTERATION OF REAL PROPERTY IS A CLASS C FELONY;
PROVIDED, HOWEVER, THAT ILLEGAL CONVERSION OR ALTERATION OF REAL PROPER-
TY THAT RESULTS IN FATALITY TO ONE OR MORE PERSONS IS 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.
                                                           LBD03410-01-3

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