senate Bill S834

2015-2016 Legislative Session

Creates the crime of environmental damage of property

download bill text pdf

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 29, 2016 referred to codes
delivered to assembly
passed senate
Feb 09, 2016 advanced to third reading
Feb 08, 2016 2nd report cal.
Feb 02, 2016 1st report cal.132
Jan 06, 2016 referred to codes
returned to senate
died in assembly
Apr 28, 2015 referred to codes
delivered to assembly
passed senate
Feb 10, 2015 advanced to third reading
Feb 09, 2015 2nd report cal.
Feb 03, 2015 1st report cal.60
Jan 07, 2015 referred to codes

Votes

view votes

Feb 2, 2016 - Codes committee Vote

S834
15
1
committee
15
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Feb 3, 2015 - Codes committee Vote

S834
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

S834 (ACTIVE) - Details

See Assembly Version of this Bill:
A7712
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง145.24, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S8486
2011-2012: S702
2013-2014: S1016
2017-2018: S1007, A1427

S834 (ACTIVE) - Summary

Creates the crime of environmental damage of property.

S834 (ACTIVE) - Sponsor Memo

S834 (ACTIVE) - Bill Text download pdf

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

                                   834

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  ROBACH -- 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  creating  the  crime  of
  environmental damage of property

  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 145.24  to
read as follows:
S 145.24 ENVIRONMENTAL DAMAGE OF PROPERTY.
  1. A PERSON IS GUILTY OF ENVIRONMENTAL DAMAGE OF PROPERTY WHEN, IN THE
COURSE  OF THE COMMISSION OF ANOTHER FELONY ACT, HE OR SHE INTENTIONALLY
OR RECKLESSLY CAUSES ANY PROPERTY DAMAGE THAT ALTERS,  CONTAMINATES,  OR
DESTROYS  THE  QUALITY  OF WATER, SOIL, OR AIR, AND SUCH DAMAGE NECESSI-
TATES REMEDIATION COSTS IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
  2. IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE  CRIME  OF  ENVIRONMENTAL
DAMAGE  OF  PROPERTY  THAT  THE  DEFENDANT WAS ACTING UNDER A REASONABLE
BELIEF THAT HE OR SHE HAD A RIGHT TO ALTER, CONTAMINATE OR  DESTROY  DUE
TO LICENSE AND/OR OWNERSHIP OF SAID PROPERTY, OR THAT THE UNDERLYING ACT
WAS NOT A VIOLATION OF THIS CHAPTER.
  ENVIRONMENTAL  DAMAGE  OF  PROPERTY  IS A CLASS C FELONY. ANY SENTENCE
IMPOSED PURSUANT TO A CONVICTION UNDER THIS  SECTION  IS  TO  BE  SERVED
CONSECUTIVE TO ANY SENTENCE IMPOSED FOR THE UNDERLYING FELONY.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03815-01-5

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