Senate Bill S1074

2011-2012 Legislative Session

Creates the crime of unlawful defilement of a water supply

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2011-S1074 (ACTIVE) - Details

See Assembly Version of this Bill:
A1882
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add ยง270.08, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4696, A2170
2013-2014: S2295, A3527

2011-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.

2011-S1074 (ACTIVE) - Sponsor Memo

2011-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.

              

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