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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
returned to senate
died in assembly
Jun 19, 2017 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1949
committee discharged and committed to rules
Feb 01, 2017 referred to codes

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 2019-2020 Legislative Session:
S4248, A9618

S3994 (ACTIVE) - Summary

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

S3994 (ACTIVE) - Sponsor Memo

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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