Senate Bill S3994

2017-2018 Legislative Session

Relates to posting of private property

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S3994 (ACTIVE) - Details

See Assembly Version of this Bill:
A6429
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §140.00, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S4248, A9618
2021-2022: S5372, A4716
2023-2024: S1168, A3661

2017-S3994 (ACTIVE) - Summary

Permits owners of private property to post such property to prevent trespass by painting purple markings on trees or markers.

2017-S3994 (ACTIVE) - Sponsor Memo

2017-S3994 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3994
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2017
                                ___________
 
 Introduced  by  Sen.  SEWARD -- 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 posting private property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  5  of  section  140.00  of the penal law, as
 amended by chapter 698 of the laws  of  1979,  is  amended  to  read  as
 follows:
   5.  "Enter  or  remain  unlawfully."  (A)  A person "enters or remains
 unlawfully" in or upon premises when he is not licensed or privileged to
 do so. A person who, regardless of his intent, enters or remains  in  or
 upon  premises  which  are  at  the time open to the public does so with
 license and privilege unless he defies a lawful order not  to  enter  or
 remain,  personally communicated to him by the owner of such premises or
 other authorized person. A license or privilege to enter or remain in  a
 building  which  is  only  partly open to the public is not a license or
 privilege to enter or remain in that part of the building which  is  not
 open  to  the public. A person who enters or remains upon unimproved and
 apparently unused land, which is neither fenced nor  otherwise  enclosed
 in  a  manner  designed  to  exclude intruders, does so with license and
 privilege unless notice against trespass is personally  communicated  to
 him by the owner of such land or other authorized person, or unless such
 notice  is given by posting in a conspicuous manner. A person who enters
 or remains in or about a school building without written permission from
 someone authorized to issue such  permission  or  without  a  legitimate
 reason  which  includes a relationship involving custody of or responsi-
 bility for a pupil or student enrolled in the school or without  legiti-
 mate  business or a purpose relating to the operation of the school does
 so without license and privilege.
   (B) AN OWNER OR LESSEE OF ANY REAL PROPERTY MAY POST SUCH PROPERTY  BY
 PLACING IDENTIFYING PURPLE MARKS ON TREES OR POSTS AROUND THE AREA TO BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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kencam
6 months ago

This proposed bill is fundamentally flawed. The use of paint color with nothing more falls short of the essential need for notice in making an activity some sort of violation. An explicit sign or other "No Trespassing" notice at the boundary of the area intended to be protected must be the minimum requirement to invoke such legal protections or penalties. It is a reasonable responsibility for the property owner and strikes the appropriate balance of rights and responsibilities. Purple paint may be easier for the property owner, but more is necessary to invoke statutory protections.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.