NY State Senate Bill S499

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 (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2017	referred to codes delivered to assembly passed senate
Jun 05, 2017	advanced to third reading
May 24, 2017	2nd report cal.
May 23, 2017	1st report cal.1302
Jan 04, 2017	referred to codes

Votes

Co-Sponsors

S499 (ACTIVE) - Details

See Assembly Version of this Bill:: A3987
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §140.15, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2190, A6792
2019-2020: A2745

S499 (ACTIVE) - Summary

Expands the definition of the offense of criminal trespass in the second degree.

S499 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S499

 TITLE OF BILL :  An act to amend the penal law, in relation to
expanding the definition of the offense of criminal trespass in the
second degree

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 establishes the title as the "Critical Infrastructure Safety
Act."

Section 2 amends Section 140.15 of the penal law by making a person
guilty of Criminal Trespassing in the Second Degree when he or she
knowingly climbs upon any railing, cable, suspender rope, tower, or
superstructure of any bridge, or otherwise trespasses on any portion
of a bridge, tunnel, or any other critical infrastructure that is not
intended for public use. Section one also defines "critical
infrastructure" and "not intended for public use:"

"Critical Infrastructure" means systems, assets, places or things,so
vital to the state that the disruption, incapacitation or destruction
of them could jeopardize the health, safety, welfare or security of
the state, its residents or its economy

"Not intended for public use" means any area on or surrounding
critical infrastructure that is either clearly marked as such or that

a reasonable person would determine is not for public use. Criminal
trespass in the second degree is a class A misdemeanor.

Section 3 establishes the effective date.

 JUSTIFICATION :

Three separate incidents of tourists climbing the Brooklyn Bridge, one
in which two people replaced the American flags atop the towers of the
bridge, have highlighted a serious gap in New York State Law.
Currently, there is no language in State law that distinguishes
trespassing on critical infrastructure from other instances of
trespassing.

This bill will hold accountable those who jeopardize the safety of New
York's residents by knowingly climbing areas of critical
infrastructure not intended for public use. The state Division of
Homeland Security uses a similar definition of critical infrastructure
to assess the vulnerability of infrastructure to terrorist attack.

 PRIOR LEGISLATIVE HISTORY :

2016: S2190/A6792A - PASSED SENATE/ referred to codes
2015: S2190/A6792 - REFERRED TO CODES/ referred to codes

 FISCAL IMPLICATIONS :

No fiscal impact

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date upon which it shall have become a law.

S499 (ACTIVE) - Bill Text download pdf


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

                                   499

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sens.  SQUADRON,  GIANARIS,  SERRANO  --  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 expanding the definition
  of the offense of criminal trespass in the second degree

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

  Section  1.  This act shall be known and may be cited as the "critical
infrastructure safety act".
  § 2. Section 140.15 of the penal law, as amended by chapter 315 of the
laws of 2010, is amended to read as follows:
§ 140.15 Criminal trespass in the second degree.
  1. A person is guilty of criminal trespass in the second degree when:
  [1.] A. he or she knowingly enters or remains unlawfully in  a  dwell-
ing; [or]
  [2.] B. being a person required to maintain registration under article
six-C  of  the  correction law and designated a level two or level three
offender  pursuant  to  subdivision   six   of   section   one   hundred
sixty-eight-l  of  the  correction law, he or she enters or remains in a
public or private  elementary,  parochial,  intermediate,  junior  high,
vocational  or  high  school  knowing that the victim of the offense for
which such registration is required attends or  formerly  attended  such
school.  It  shall  not  be an offense subject to prosecution under this
subdivision if: the person is a  lawfully  registered  student  at  such
school; the person is a lawful student participant in a school sponsored
event;  the  person is a parent or a legal guardian of a lawfully regis-
tered student at such school and enters the school for  the  purpose  of
attending their child's or dependent's event or activity; such school is
the  person's  designated polling place and he or she enters such school
building for the limited purpose of voting; or if the person enters such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD03866-01-7

S. 499                              2

school building for the limited purposes authorized by  the  superinten-
dent or chief administrator of such school[.]; OR
  C. HE OR SHE KNOWINGLY CLIMBS UPON ANY RAILING, CABLE, SUSPENDER ROPE,
TOWER,  OR  SUPERSTRUCTURE OF ANY BRIDGE, OR OTHERWISE TRESPASSES ON ANY
PORTION OF A BRIDGE, TUNNEL, OR ANY OTHER CRITICAL  INFRASTRUCTURE  THAT
IS NOT INTENDED FOR PUBLIC USE.
  2. AS USED IN THIS SECTION:
  A.  "CRITICAL  INFRASTRUCTURE"  SHALL  MEAN SYSTEMS, ASSETS, PLACES OR
THINGS SO VITAL TO THE STATE  THAT  THE  DISRUPTION,  INCAPACITATION  OR
DESTRUCTION  OF  SUCH SYSTEMS, ASSETS, PLACES OR THINGS COULD JEOPARDIZE
THE HEALTH, SAFETY, WELFARE OR SECURITY OF THE STATE, ITS  RESIDENTS  OR
ITS ECONOMY; AND
  B. "NOT INTENDED FOR PUBLIC USE" SHALL MEAN ANY AREA ON OR SURROUNDING
CRITICAL  INFRASTRUCTURE THAT IS EITHER CLEARLY MARKED AS SUCH OR THAT A
REASONABLE PERSON WOULD DETERMINE IS NOT FOR PUBLIC USE.
  Criminal trespass in the second degree is a class A misdemeanor.
  § 3. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

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The New York State Senate

senate Bill S499

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Jun 12, 2017 - floor Vote

Floor Vote: Jun 12, 2017

May 23, 2017 - Codes committee Vote

Codes Committee Vote: May 23, 2017

Co-Sponsors

S499 (ACTIVE) - Details

S499 (ACTIVE) - Summary

S499 (ACTIVE) - Sponsor Memo

S499 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S499

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Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 12, 2017 - floor Vote

Floor Vote: Jun 12, 2017

May 23, 2017 - Codes committee Vote

Codes Committee Vote: May 23, 2017

Co-Sponsors

Michael Gianaris

José M. Serrano

S499 (ACTIVE) - Details

S499 (ACTIVE) - Summary

S499 (ACTIVE) - Sponsor Memo

S499 (ACTIVE) - Bill Text download pdf

Comments