senate Bill S702A

2011-2012 Legislative Session

Creates the crime of environmental damage of property

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 27, 2012 referred to codes
delivered to assembly
passed senate
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.413
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 15, 2011 referred to codes
delivered to assembly
passed senate
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1062
May 25, 2011 print number 702a
amend and recommit to codes
Jan 05, 2011 referred to codes

Votes

view votes

Mar 20, 2012 - Codes committee Vote

S702A
14
2
committee
14
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jun 7, 2011 - Codes committee Vote

S702A
14
2
committee
14
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S702 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §145.24, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S8486

S702 - Bill Texts

view summary

Creates the crime of environmental damage of property.

view sponsor memo
BILL NUMBER:S702

TITLE OF BILL:
An act
to amend the penal law, in relation to creating
the crime of environmental
damage of property

PURPOSE:
This bill would criminalize intentional or reckless damage to the
environment done in the course of committing another crime.

SUMMARY OF PROVISIONS:
The penal law is amended by adding new section 145.24, to create the
new crime of environmental damage of property.

JUSTIFICATION:
During the commission of a crime, defendants are often so focused upon
their criminal intent that they disregard the impact of the potential
damage that they may cause in facilitating their crime. For example,
when a defendant is intent on stealing a car radio, the smashed
window is unimportant to him or her. The statutes of Criminal
Mischief address some of these instances, but when the resulting
physical damage also leads to damage to the environment, these
statutes do not address the environment as the "crime victim".

A recent incident in August of 2010 provides a good illustration of
this problem. Defendants, in search of copper to steal and resell,
broke into a spare electrical transformer. In the process accessing
the copper, 4,800 gallons of oil was drained from the transformer,
causing land and water contamination of the surrounding environment
at an estimated remediation cost of over a million dollars. None of
the current Criminal Mischief statutes adequately address this
environmental devastation.

This bill recognizes the criminality of such large scale environmental
damage, and with an appropriate penalty would hopefully deter petty
thefts from doing such significant environmental damage, either
intentionally or recklessly.

LEGISLATIVE HISTORY:
2010 Referred to Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   702

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- 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  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

S702A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §145.24, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S8486

S702A (ACTIVE) - Bill Texts

view summary

Creates the crime of environmental damage of property.

view sponsor memo
BILL NUMBER:S702A

TITLE OF BILL:
An act
to amend the penal law, in relation to creating
the crime of environmental
damage of property

PURPOSE:
This bill would criminalize intentional or reckless damage to the
environment done in the course of committing another crime.

SUMMARY OF PROVISIONS:
The penal law is amended by adding new section 145.24, to create the
new crime of environmental damage of property.

JUSTIFICATION:
During the commission of a crime, defendants are often so focused upon
their criminal intent that they disregard the impact of the potential
damage that they may cause in facilitating their crime. For example,
when a defendant is intent on stealing a car radio, the smashed
window is unimportant to him or her. The statutes of Criminal
Mischief address some of these instances, but when the resulting
physical damage also leads to damage to the environment, these
statutes do not address the environment as the "crime victim".

A recent incident in August of 2010 provides a good illustration of
this problem. Defendants, in search of copper to steal and resell,
broke into a spare electrical transformer. In the process accessing
the copper, 4,800 gallons of oil was drained from the transformer,
causing land and water contamination of the surrounding environment
at an estimated remediation cost of over a million dollars. None of
the current Criminal Mischief statutes adequately address this
environmental devastation.

This bill recognizes the criminality of such large scale environmental
damage, and with an appropriate penalty would hopefully deter petty
thefts from doing such significant environmental damage, either
intentionally or recklessly.

LEGISLATIVE HISTORY:
2010 Referred to Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 702--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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, CONTAMINATES, OR
DESTROYS THE QUALITY OF WATER, SOIL, OR AIR, AND  SUCH  DAMAGE  NECESSI-
TATES 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, CONTAMINATE 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.
                                                           LBD02066-02-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.