Senate Bill S2295A

                                BILL NUMBER:S2295A

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

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

SUMMARY OF 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 and shall include
any substance which is the by-product of the practice of conducting
hydraulic fracturing for the acquisition of natural gas or oil.

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.

LEGISLATIVE HISTORY: 2008: S.3588, Passed Senate (59-0) 2011: S. 1074,
Passed Senate (60-0)

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.