BILL NUMBER:A10186

TITLE  OF BILL:   An act to amend the penal law, in relation to unlawful
defilement of a water supply

PURPOSE: This bill.would establish the new crime of unlawful  defilement
of a water supply.

SUMMARY  OF  PROVISIONS: Presently, there is currently no specific crime
of unlawful defilement of a water supply. This bill  would  establish  a
new  article  490.60  of the Penal Law to create a new crime of unlawful
defilement of a water supply. Pursuant to this bill a  person  would  be
guilty of this crime if he intentionally introduces, places or causes to
be  introduced or placed, into a water supply, or attempts to introduce,
a defiling agent with the intent to cause the sickness, physical  injury
severe  disfigurement or death of another human being, or with the reck-
less disregard of causing the sickness, physical injury, severe  disfig-
urement,  or  death  of another human being, or with the intent to cause
irreparable harm to such water supply, or to disturb the public peace.

This article would define "water supply" to mean any public  or  private
transmission  facility,  treatment  facility  source of supply facility,
well or reservoir, which provides potable water for residential, commer-
cial, industrial and/or fire service needs and  would  define  "defiling
agent"   to  mean  any  chemical,  biological-or  radioactive  agent  or
substance, which is capable, when introduced  or  placed  into  a  water
              

supply,  of causing the sickness, physical injury, severe disfigurement,
or death of a human being, or causing irreparable harm  to  such  water.
supply, or causing a disturbance to the public peace.

It  should  be noted that pursuant to the terms of this bill, a defiling
agent would not include a substance which is introduced or  placed  into
water supply by any municipal or state entity, or which is introduced or
placed  into a water supply by any agricultural or industrial entity, as
a result of its ordinary lawful operations. The unlawful defilement of a
water supply-would be a Class B felony.

JUSTIFICATION: Terrorism is a crime which.is not just committed  against
the  individuals  and  families  that  are  caught in its wake, but also
against all of society as a whole.  It  is  the  ultimate  in  senseless
violence  and  its  purposeful  disregard  for the sanctity and value of
human life is well known. It is a crime which strikes at the very  basis
of  our free society, and it demands not only our highest attention, but
most importantly, our best efforts  to  secure  the  highest  level  and
swiftest form of justice that our state and nation can provide.

By  creating  a  new  crime  of unlawful defilement of a water supply in
article 490.60 of the Penal Law, this bill seeks to protect and  prevent
a  terrorist  attack  against our most important and vulnerable resource
-our drinking water. Clean, sale, potable water is indispensable to  our
state  and  society.  Because  of  natural conditions and the quantities
consumed, its supply is often publicly exposed and readily accessible to

those who might wish to cause mass harm to a  society.  Because  of  its
critical  nature,  when even a few days interruption in its supply could
be cataclysmic. It- Is a highly attractive target to  terrorists.  As  a
result,  special  precautions  and targeted measures need to be taken to
protect and defend this precious resource.

The new Class B felony established by this bill  would  severely  punish
the  poisoning  or adulteration of a water supply and will send a strong
message that New York will take whatever strong measures  are  necessary
to  protect its citizens and their vital needs from the evils of terror-
ism.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None noted.

EFFECTIVE DATE: This act would take effect on the first day of  November
next succeeding the date on which it shall have become a law.