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Assembly Bill A6429

2017-2018 Legislative Session

Relates to posting of private property

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Archive: Last Bill Status - In Assembly Committee

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2017-A6429 (ACTIVE) - Details

See Senate Version of this Bill:
S3994
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §140.00, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9618, S4248
2021-2022: A4716, S5372
2023-2024: A3661, S1168
2025-2026: A2165

2017-A6429 (ACTIVE) - Summary

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

2017-A6429 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6429
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2017
                                ___________
 
 Introduced  by M. of A. MAGEE -- read once and referred 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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