| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to housing, construction and community development |
| May 28, 2009 |
print number 2489a |
| May 28, 2009 |
amend (t) and recommit to housing, construction and community development |
| Feb 20, 2009 |
referred to housing, construction and community development |
Senate Bill S2489
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee
Actions
Bill Amendments
2009-S2489 - Details
- Current Committee:
- Senate Housing, Construction And Community Development
- Laws Affected:
- Amd §§125.10 & 120.20, Pen L
2009-S2489 - Sponsor Memo
BILL NUMBER: S2489
TITLE OF BILL :
An act to amend the executive law, in relation to criminal prosecution
for certain violations of the state fire and building code where such
violation leads to serious injury or death of a person
PURPOSE OR GENERAL IDEA OF BILL :
To allow law enforcement to pursue criminal liability against a person
who knowingly does not comply with a violation of the uniform fire and
prevention and building code in which it results in serious physical
harm or death of a person.
SUMMARY OF SPECIFIC PROVISIONS :
Section I - - Amends Section 382 of the executive law by adding a new
subdivision 4 which would allow for law enforcement to pursue criminal
liability for a person who does not comply with violations of the
uniform fire prevention and building code which results in serious
physical harm or death of a person.
JUSTIFICATION :
This legislation would provide an incentive for owners of a property
to repair their building in a timely fashion for violations of the
uniform fire prevention and building code. Owners would be responsible
for failure to comply with these violations if someone is seriously
injured or killed as a result of their inaction.
2009-S2489A (ACTIVE) - Details
- Current Committee:
- Senate Housing, Construction And Community Development
- Laws Affected:
- Amd §§125.10 & 120.20, Pen L
2009-S2489A (ACTIVE) - Sponsor Memo
BILL NUMBER: S2489A
TITLE OF BILL :
An act to amend the penal law, in relation to building code violations
that lead to serious physical injury or death
PURPOSE OR GENERAL IDEA OF BILL :
To provide law enforcement the necessary tools to pursue criminal
liability against a person who does not comply with an order to remedy
a violation of the NYS Uniform Fire Prevention and Building Code, the
NYC Construction Codes, the NYC Fire Code, or their successor codes,
or any local laws regarding the enforcement of such codes, within a
specified period of time and thereby causes serious physical injury to
or the death of another person.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1: Amends section 125.10 of the penal law by adding failure to
comply with an order to remedy a violation of the NYS Uniform Fire
Prevention and Building Code, the NYC Construction Codes, the NYC Fire
Code, or their successor codes, or any local laws regarding the
enforcement of such codes, within the time period for correction
stated in the order to the definition of criminally negligent homicide
where such failure causes the death of another person.
Section 2: Amends section 120.20 of the penal law by adding failure to
2009-S2489A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2489--A
2009-2010 Regular Sessions
I N S E N A T E
February 20, 2009
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to building code violations
that lead to serious physical injury or death
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 125.10 of the penal law is amended to read as
follows:
S 125.10 Criminally negligent homicide.
A person is guilty of criminally negligent homicide when[,]:
1. with criminal negligence, he OR SHE causes the death of another
person; OR
2. HE OR SHE FAILS TO COMPLY WITH AN ORDER TO REMEDY A VIOLATION OF
THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE, THE NEW
YORK CITY CONSTRUCTION CODES, THE NEW YORK CITY FIRE CODE, OR THEIR
SUCCESSOR CODES, OR ANY LOCAL LAWS REGARDING THE ENFORCEMENT OF SUCH
CODES, WITHIN THE TIME PERIOD FOR CORRECTION STATED IN THE ORDER AND
SUCH FAILURE CAUSES THE DEATH OF ANOTHER PERSON.
Criminally negligent homicide is a class E felony.
S 2. Section 120.20 of the penal law is amended to read as follows:
S 120.20 Reckless endangerment in the second degree.
A person is guilty of reckless endangerment in the second degree when
he OR SHE:
1. recklessly engages in conduct which creates a substantial risk of
serious physical injury to another person; OR
2. FAILS TO COMPLY WITH AN ORDER TO REMEDY A VIOLATION OF THE NEW YORK
STATE UNIFORM FIRE PREVENTION AND BUILDING CODE, THE NEW YORK CITY
CONSTRUCTION CODES, THE NEW YORK CITY FIRE CODE, OR THEIR SUCCESSOR
CODES, OR ANY LOCAL LAWS REGARDING THE ENFORCEMENT OF SUCH CODES, WITHIN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05764-08-9
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