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Assembly Bill A942

2009-2010 Legislative Session

Relates to creating the crime of failure to secure a swimming pool

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Archive: Last Bill Status - In Assembly Committee

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2009-A942 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง270.40, Pen L

2009-A942 (ACTIVE) - Summary

Relates to creating the crime of failure to secure a swimming pool; makes it a class A misdemeanor for a property owner to fail to secure a swimming pool as required by law, code or regulation where any preson dies as a result of such failure.

2009-A942 (ACTIVE) - Bill Text download pdf

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

                                   942

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. McDONOUGH, CALHOUN, FINCH -- Multi-Sponsored by
  -- M. of A. BOYLAND, GIGLIO, MILLER, WALKER -- read once and  referred
  to the Committee on Codes

AN  ACT to amend the penal law, in relation to the offense of failing to
  secure a swimming pool

  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 270.40 to
read as follows:
S 270.40 FAILURE TO SECURE A SWIMMING POOL.
  A PERSON IS GUILTY OF FAILURE TO SECURE A SWIMMING POOL WHEN:
  1. BEING THE OWNER OF REAL PROPERTY UPON  WHICH  A  SWIMMING  POOL  IS
LOCATED  SUCH  PERSON  FAILS TO SECURE SUCH SWIMMING POOL AS REQUIRED BY
SECTION THREE HUNDRED NINETY-D OF THE SOCIAL SERVICES LAW OR  ANY  OTHER
LAW, CODE, RULE, REGULATION OR ORDINANCE; AND
  2. AS A RESULT OF SUCH FAILURE ANY PERSON DIES AS A RESULT OF DROWNING
IN SUCH POOL.
  FAILURE TO SECURE A SWIMMING POOL IS A CLASS A MISDEMEANOR.
  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.
                                                           LBD01456-01-9


              

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