| 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 |
senate Bill S834
2015-2016 Legislative Session
Sponsored By
Joseph E. Robach
(R, C, IP) 0 Senate District
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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S834 (ACTIVE) - Details
S834 (ACTIVE) - Sponsor Memo
BILL NUMBER:S834 TITLE OF BILL: An act to amend the penal law, in relation to creating the crime of environmental damage of property PURPOSE: This bill would criminalize intentional or reckless damage to the environment done in the course of committing another crime. SUMMARY OF PROVISIONS: The penal law is amended by adding new section 145.24, to create the new crime of environmental damage of property. JUSTIFICATION: During the commission of a crime, defendants are often so focused upon their criminal intent that they disregard the impact of the potential damage that they may cause in facilitating their crime. For example, when a defendant is intent on stealing a car radio, the smashed window is unimportant to him or her. The statutes of Criminal Mischief address some of these instances, but when the resulting physical damage also leads to damage to the environment, these statutes do not address the environment as the "crime victim".
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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