Assembly Bill A9936

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

                                  9936

                          I N  A S S E M B L Y

                             April 24, 2012
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the  penal law, in relation to creating the crime of
  environmental damage of property

  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 145.24 to
read as follows:
S 145.24 ENVIRONMENTAL DAMAGE OF PROPERTY.
  1. A PERSON IS GUILTY OF ENVIRONMENTAL DAMAGE OF PROPERTY WHEN, IN THE
COURSE OF THE COMMISSION OF ANOTHER FELONY ACT, HE OR SHE  INTENTIONALLY
OR  RECKLESSLY  CAUSES  ANY  PROPERTY  DAMAGE  THAT  ALTERS, DILUTES, OR
DESTROYS WATER, SOIL, OR AIR, AND SUCH DAMAGE  NECESSITATES  REMEDIATION
COSTS IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
  2.  IT  SHALL  BE AN AFFIRMATIVE DEFENSE TO THE CRIME OF ENVIRONMENTAL
DAMAGE OF PROPERTY THAT THE DEFENDANT  WAS  ACTING  UNDER  A  REASONABLE
BELIEF  THAT  HE  OR  SHE HAD A RIGHT TO ALTER, DILUTE OR DESTROY DUE TO
LICENSE AND/OR OWNERSHIP OF SAID PROPERTY, OR THAT  THE  UNDERLYING  ACT
WAS NOT A VIOLATION OF THIS CHAPTER.
  ENVIRONMENTAL  DAMAGE  OF  PROPERTY  IS A CLASS C FELONY. ANY SENTENCE
IMPOSED PURSUANT TO A CONVICTION UNDER THIS  SECTION  IS  TO  BE  SERVED
CONSECUTIVE TO ANY SENTENCE IMPOSED FOR THE UNDERLYING FELONY.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02066-01-1