Do you support this bill?

Assembly Bill A3094A

2009-2010 Legislative Session

Requires criminal prosecution where shoddy construction work results in serious physical injury or death of a person

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

Bill Amendments

2009-A3094 - Details

See Senate Version of this Bill:
S2489
Current Committee:
Assembly Governmental Operations
Law Section:
Penal Law
Laws Affected:
Amd §§125.10 & 120.20, Pen L

2009-A3094 - Summary

Requires criminal prosecution where shoddy construction work results in serious physical injury or death of a person.

2009-A3094 - Bill Text download pdf 

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

                                  3094

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced by M. of A. BENJAMIN, JOHN, JEFFRIES, GREENE, ROBINSON, WALK-
  ER, ESPAILLAT -- Multi-Sponsored by -- M. of A. CLARK, ERRIGO, HOOPER,
  WEISENBERG  -- read once and referred to the Committee on Governmental
  Operations

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 382 of the executive law is amended by adding a new
subdivision 4 to read as follows:
  4.  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, THE SECRETARY, THE
ATTORNEY GENERAL OR THE LOCAL GOVERNMENT  WITH  AUTHORITY  FOR  ADMINIS-
TRATION  AND  ENFORCEMENT  OF  THE  UNIFORM FIRE PREVENTION AND BUILDING
CODE, SHALL ALSO PURSUE CRIMINAL LIABILITY AGAINST A PERSON, HAVING BEEN
SERVED, EITHER PERSONALLY OR BY REGISTERED OR CERTIFIED  MAIL,  WITH  AN
ORDER TO REMEDY ANY CONDITION FOUND TO EXIST IN, ON, OR ABOUT ANY BUILD-
ING  IN  VIOLATION OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE, WHO
SHALL FAIL TO COMPLY WITH SUCH ORDER WITHIN THE TIME FIXED BY THE  REGU-
LATIONS  PROMULGATED  BY  THE  SECRETARY  PURSUANT TO SUBDIVISION ONE OF
SECTION THREE HUNDRED EIGHTY-ONE OF THIS ARTICLE, AND ANY OWNER,  BUILD-
ER,  ARCHITECT,  TENANT,  CONTRACTOR, SUBCONTRACTOR, CONSTRUCTION SUPER-
INTENDENT OR THEIR AGENTS OR ANY OTHER PERSON TAKING PART  OR  ASSISTING
IN  THE REPAIR, CONSTRUCTION OR REHABILITATION OF ANY BUILDING WHO SHALL
KNOWINGLY VIOLATE ANY OF THE APPLICABLE PROVISIONS OF THE  UNIFORM  CODE
OR  ANY  LAWFUL  ORDER  OF A LOCAL GOVERNMENT, A COUNTY OR THE SECRETARY
MADE THEREUNDER REGARDING STANDARDS FOR REPAIR, CONSTRUCTION,  REHABILI-
TATION,  MAINTENANCE,  OR  FIRE  PROTECTION EQUIPMENT AND SYSTEMS, WHERE
SUCH FAILURE TO COMPLY WITH SUCH ORDER RESULTS IN SERIOUS PHYSICAL INJU-
RY OR DEATH OF A PERSON.
  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.

co-Sponsors

multi-Sponsors

2009-A3094A (ACTIVE) - Details

See Senate Version of this Bill:
S2489
Current Committee:
Assembly Governmental Operations
Law Section:
Penal Law
Laws Affected:
Amd §§125.10 & 120.20, Pen L

2009-A3094A (ACTIVE) - Summary

Requires criminal prosecution where shoddy construction work results in serious physical injury or death of a person.

2009-A3094A (ACTIVE) - Sponsor Memo

2009-A3094A (ACTIVE) - Bill Text download pdf 

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

                                 3094--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M.  of  A.  BENJAMIN,  JOHN, JEFFRIES, ROBINSON, WALKER,
  ESPAILLAT -- Multi-Sponsored by -- M. of  A.  CLARK,  ERRIGO,  HOOPER,
  WEISENBERG  -- read once and referred to the Committee on Governmental
  Operations -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05764-09-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.