Assembly Bill A9757

2023-2024 Legislative Session

Relates to criminal trespass in the third degree

download bill text pdf

Sponsored By

Current Bill Status - Stricken

  • 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

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2023-A9757 (ACTIVE) - Details

See Senate Version of this Bill:
S8869
Law Section:
Penal Law
Laws Affected:
Amd §140.10, Pen L

2023-A9757 (ACTIVE) - Summary

Adds to the definition of trespassing in the third degree, not having entered a lease or license for such building or real property with the rightful owner, enters or remains in such building or upon such real property or otherwise occupies such building or real property without title, right, permission of the rightful owner, or payment of rent accepted by the rightful owner.

2023-A9757 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9757
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced  by M. of A. FLOOD -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to criminal trespass  in  the
   third degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (g) of section 140.10  of  the  penal  law,  as
 amended  by chapter 176 of the laws of 2011, is amended and a new subdi-
 vision (h) is added to read as follows:
   (g) where the property consists of a right-of-way or yard of  a  rail-
 road  or  rapid transit railroad which has been designated and conspicu-
 ously posted as a no-trespass railroad zone[.]; OR
   (H) NOT HAVING ENTERED A LEASE OR LICENSE FOR SUCH  BUILDING  OR  REAL
 PROPERTY  WITH THE RIGHTFUL OWNER, ENTERS OR REMAINS IN SUCH BUILDING OR
 UPON SUCH REAL PROPERTY OR OTHERWISE  OCCUPIES  SUCH  BUILDING  OR  REAL
 PROPERTY  WITHOUT  TITLE,  RIGHT,  PERMISSION  OF THE RIGHTFUL OWNER, OR
 PAYMENT OF RENT ACCEPTED BY THE RIGHTFUL OWNER; PROVIDED, HOWEVER,  THAT
 IN  ANY  PROSECUTION  UNDER  THIS SUBDIVISION IT SHALL BE AN AFFIRMATIVE
 DEFENSE THAT THE DEFENDANT IS A  TENANT  AS  DEFINED  IN  SECTION  SEVEN
 HUNDRED ELEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14645-01-4

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