Assembly Bill A9618

2019-2020 Legislative Session

Relates to posting of private property

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2019-A9618 (ACTIVE) - Details

See Senate Version of this Bill:
S4248
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §140.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6429, S3994
2021-2022: A4716, S5372
2023-2024: A3661, S1168

2019-A9618 (ACTIVE) - Summary

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

2019-A9618 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9618
 
                           I N  A S S E M B L Y
 
                             January 28, 2020
                                ___________
 
 Introduced  by  M.  of  A.  MANKTELOW  --  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
 POSTED. EACH PURPLE MARK SHALL BE: (I) A VERTICAL LINE OF AT LEAST EIGHT
 INCHES  IN LENGTH AND THE BOTTOM OF THE MARK SHALL BE NO LESS THAN THREE
 FEET NOR MORE THAN FIVE FEET HIGH. SUCH MARKS SHALL BE  PLACED  NO  MORE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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