senate Bill S3395

2013-2014 Legislative Session

Includes the protrusion of personal property, plants and trees, and water from hoses and sprinklers onto another person's premises within the violation of trespass

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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 08, 2014 referred to codes
Feb 01, 2013 referred to codes

S3395 - Bill Details

See Assembly Version of this Bill:
A213
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง140.05, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S3951, A9503

S3395 - Bill Texts

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Includes the protrusion of personal property, plants and trees, and water from hoses and sprinklers onto another person's premises within the violation of trespass.

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BILL NUMBER:S3395

TITLE OF BILL: An act to amend the penal law, in relation to trespass

PURPOSE: Correlates to neighbors acting in good faith and upholding the
cleanliness of a neighboring property. Defines protrusion of property
and what constitutes it.

SUMMARY OF PROVISIONS: Section 1 amends Section 140.05 of the Penal law,
entitled Burglary and Related Offenses.

Section 2 specifies the active date.

JUSTIFICATION: The value of a neighboring home, or neighborhood, can be
affected by the detrimental effects of a neighbor or multiple residents
in the community who fail to clean up external factors knowingly
disturbing their adjacent neighbor' or the community as a whole. For
example, the owner of an oak tree can knowingly have a branch resting on
an adjacent neighbor's home, whereby endangering and putting in peril
the adjacent neighbor's foundation. This can also apply to the weight of
a tree branch on a neighbor's fence. The perceived result of a break or
crack within the fence caused by the neighbor's negligence to have the
tree branch removed will cause physical harm to a neighboring property.

Included in this bill are bushes, shrubs and other plant life, which can
certainly do as much harm to a neighboring property should the owner of
the plant life in question fail to rectify the problem. In addition,
spraying water from a hose, sprinkler or other device in or among the
premises of another will be constituted as trespassing for the act of
negligence and carelessness warrants a nominal fine. The goal of the
bill is for neighbors to resolve differences civilly without the need of
governmental interference.

LEGISLATIVE HISTORY: 2012: S. 3951 - Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The first 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
________________________________________________________________________

                                  3395

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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 trespass

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 140.05 of the penal law, as amended by chapter 307
of the laws of 1971, is amended to read as follows:
S 140.05. Trespass.
  A person is guilty of trespass when he knowingly:
  A. enters or remains unlawfully in or upon premises; OR
  B. PERMITS THE PROTRUSION OF:
  I. PERSONAL PROPERTY;
  II. A TREE, BUSH, SHRUB OR OTHER PLANTLIFE; OR
  III. WATER FROM A HOSE, SPRINKLER OR OTHER DEVICE IN OR UPON THE PREM-
ISES OF ANOTHER.
  Trespass is a violation.
  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.
                                                           LBD01065-01-3

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