Senate Bill S4012

2009-2010 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

  • 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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2009-S4012 (ACTIVE) - Details

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

2009-S4012 (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 person dies as a result of such failure.

2009-S4012 (ACTIVE) - Sponsor Memo

2009-S4012 (ACTIVE) - Bill Text download pdf 

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

                                  4012

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed 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 WITH A  FENCE  AS
REQUIRED BY ANY 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.
                                                           LBD11017-01-9

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