|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Feb 01, 2013||referred to codes|
senate Bill S3395
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3395 - Details
S3395 - Summary
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.
S3395 - Sponsor Memo
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
S3395 - Bill Text download pdf
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
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.