NY State Senate Bill S1074

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
In Committee
On Floor Calendar
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- Passed Assembly
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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2012	committed to rules
Mar 15, 2012	advanced to third reading
Mar 14, 2012	2nd report cal.
Mar 13, 2012	1st report cal.328
Jan 04, 2012	referred to finance returned to senate died in assembly
Mar 29, 2011	referred to codes
Mar 28, 2011	delivered to assembly passed senate
Mar 03, 2011	advanced to third reading
Mar 02, 2011	2nd report cal.
Mar 01, 2011	1st report cal.140
Jan 05, 2011	referred to finance

Votes

Co-Sponsors

S1074 (ACTIVE) - Details

See Assembly Version of this Bill:: A1882
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add §270.08, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4696, A2170
2013-2014: S2295, A3527

S1074 (ACTIVE) - Summary

Creates the crime of unlawful defilement of a water supply; provides that a person is guilty of such crime when he introduces, places, or causes to be introduced or placed a defiling agent into a water supply; makes definitions; establishes such crime as a class B felony.

S1074 (ACTIVE) - Sponsor Memo

BILL NUMBER:S1074

TITLE OF BILL:

An act
to amend the penal law, in relation to unlawful defilement of a water
supply

PURPOSE OR GENERAL IDEA OF BILL:

This bill would establish the new crime of unlawful defilement of a
water supply.

SUMMARY OF SPECIFIC PROVISIONS:

Presently, there is currently no specific crime of to specifically
punish the defilement of a water supply.

This bill would amend the Penal Law to create a new crime of unlawful
defilement of a water supply. Pursuant to this bill, a person would
be guilty of this crime if he intentionally introduces, places or
causes to be introduced or placed, into a water supply, a defiling
agent with the intent to cause the sickness, physical injury severe
disfigurement or death of another human being, or with the reckless
disregard of causing the sickness, physical injury, severe
disfigurement, or death of another human being, or with the intent to

cause irreparable harm to such water supply, or to disturb the public
peace.

This bill would define "water supply" to mean any public or private
transmission facility, treatment facility source of supply facility,
well or reservoir, which provides potable water for residential,
commercial, industrial and/or fire service needs and would define
"defiling agent" to mean any chemical, biological or radioactive
agent or substance, which is capable when introduced or placed into a
water supply, of causing the sickness, physical injury, severe
disfigurement, or death of a human being, or causing irreparable harm
to such water supply, or causing a disturbance to the public peace.
It should be noted that pursuant to the terms of this bill, a
defiling agent would not include a substance which is introduced or
placed into a water supply by any municipal or state entity, or which
is introduced or placed into a water supply by any agricultural or
industrial entity, as a result of its ordinary lawful operations.

The unlawful defilement of a water supply would be a Class B felony.

JUSTIFICATION:

Terrorism is a crime which is not just committed against the
individuals and families that are caught in its wake, but also
against all of society as a whole. It is the ultimate in senseless
violence and its purposeful disregard for the sanctity and value of
human life is well known. It is a crime which strikes at the very
basis of our free society, and it demands not only our highest
attention, but most importantly. our best efforts to secure the


highest level and swiftest form of justice that our state and nation
can provide.

By creating a new crime of unlawful defilement of a water supply in
article 490.60 of the Penal Law, this bill seeks to protect and
prevent a terrorist attack against our most important and vulnerable
resource our drinking water.

Clean, sale, potable water is indispensable to our state and society.
Because of natural conditions and the quantities consumed, its supply
is often publicly exposed an d readily accessible to those who might
wish to cause mass harm to a society. Because of its critical nature,
when even a few days interruption in its supply could be cataclysmic,
it is a highly attractive target to terrorists.

As a result, special precautions and targeted measures need to be
taken to protect and defend this precious resource. The new Class B
felony established by this bill would severely punish the poisoning
or adulteration of a water supply and will send a strong message that
New York will take whatever strong measures are necessary to protect
its citizens and their vital needs from the evils of terrorism.

PRIOR LEGISLATIVE HISTORY:

2008: S.3588, Passed Senate (59-0)

FISCAL IMPLICATIONS:

This bill would reduce costs for state and local government incurred
in the event of a water supply defilement

EFFECTIVE DATE:

This act would take effect on the first day of November next
succeeding the date on which it shall have become a law.

S1074 (ACTIVE) - Bill Text download pdf

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

                                  1074

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the penal law, in relation to unlawful defilement  of  a
  water supply

  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 270.08  to
read as follows:
S 270.08 UNLAWFUL DEFILEMENT OF A WATER SUPPLY.
  1. AS USED IN THIS SECTION:
  (A)  "WATER SUPPLY" MEANS ANY PUBLIC OR PRIVATE TRANSMISSION FACILITY,
TREATMENT FACILITY, SOURCE OF SUPPLY FACILITY, WELL OR RESERVOIR,  WHICH
PROVIDES  POTABLE  WATER  FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND/OR
FIRE SERVICE NEEDS.
  (B) "DEFILING AGENT" MEANS ANY  CHEMICAL,  BIOLOGICAL  OR  RADIOACTIVE
AGENT  OR  SUBSTANCE, WHICH IS CAPABLE, WHEN INTRODUCED OR PLACED INTO A
WATER SUPPLY, OF CAUSING THE SICKNESS, PHYSICAL INJURY,  SEVERE  DISFIG-
UREMENT,  OR DEATH OF A HUMAN BEING, OR CAUSING IRREPARABLE HARM TO SUCH
WATER SUPPLY, OR CAUSING A DISTURBANCE TO THE PUBLIC PEACE.  A  DEFILING
AGENT SHALL NOT INCLUDE A SUBSTANCE WHICH IS INTRODUCED OR PLACED INTO A
WATER SUPPLY BY ANY MUNICIPAL OR STATE ENTITY, OR WHICH IS INTRODUCED OR
PLACED INTO A WATER SUPPLY BY ANY AGRICULTURAL OR INDUSTRIAL ENTITY AS A
RESULT OF ITS ORDINARY LAWFUL OPERATIONS.
  2. A PERSON IS GUILTY OF UNLAWFUL DEFILEMENT OF A WATER SUPPLY WHEN HE
INTENTIONALLY  INTRODUCES, PLACES, OR CAUSES TO BE INTRODUCED OR PLACED,
INTO A WATER SUPPLY, A DEFILING AGENT WITH THE INTENT TO CAUSE THE SICK-
NESS, PHYSICAL INJURY, SEVERE DISFIGUREMENT OR DEATH  OF  ANOTHER  HUMAN
BEING,  OR WITH THE RECKLESS DISREGARD OF CAUSING THE SICKNESS, PHYSICAL
INJURY, SEVERE DISFIGUREMENT, OR DEATH OF ANOTHER HUMAN BEING,  OR  WITH
THE INTENT TO CAUSE IRREPARABLE HARM TO SUCH WATER SUPPLY, OR TO DISTURB
THE PUBLIC PEACE.
  UNLAWFUL DEFILEMENT OF A WATER SUPPLY SHALL BE A CLASS B FELONY.
  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.
                                                           LBD01810-01-1

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The New York State Senate

senate Bill S1074

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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Votes

Mar 13, 2012 - Finance committee Vote

Finance Committee Vote: Mar 13, 2012

Mar 28, 2011 - floor Vote

Floor Vote: Mar 28, 2011

Mar 1, 2011 - Finance committee Vote

Finance Committee Vote: Mar 1, 2011

Co-Sponsors

S1074 (ACTIVE) - Details

S1074 (ACTIVE) - Summary

S1074 (ACTIVE) - Sponsor Memo

S1074 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1074

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Sponsored By

Greg Ball

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

Mar 13, 2012 - Finance committee Vote

Finance Committee Vote: Mar 13, 2012

Mar 28, 2011 - floor Vote

Floor Vote: Mar 28, 2011

Mar 1, 2011 - Finance committee Vote

Finance Committee Vote: Mar 1, 2011

Co-Sponsors

Tony Avella

Andrew J. Lanza

Jack M. Martins

David J. Valesky

S1074 (ACTIVE) - Details

S1074 (ACTIVE) - Summary

S1074 (ACTIVE) - Sponsor Memo

S1074 (ACTIVE) - Bill Text download pdf

Comments