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