senate Bill S2295A

2013-2014 Legislative Session

Creates the crime of unlawful defilement of a water supply

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2014 print number 2295a
amend and recommit to codes
Jan 08, 2014 referred to codes
Jan 15, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2295 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §270.08, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1074
2009-2010: S4696

S2295 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2295

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.

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

                                  2295

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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 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.
                                                           LBD05826-01-3

Co-Sponsors

S2295A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §270.08, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1074
2009-2010: S4696

S2295A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
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.

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

                                 2295--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by Sens. BALL, AVELLA -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes --  recommitted
  to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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; 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.  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
OR  SHE, AS AN INDIVIDUAL OR ACTING IN THE COURSE OF AN INDUSTRIAL PRAC-
TICE, INTENTIONALLY INTRODUCES, PLACES, OR CAUSES TO  BE  INTRODUCED  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05826-02-4

S. 2295--A                          2

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.
  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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