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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

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

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2020 referred to codes

Co-Sponsors

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

A9618 (ACTIVE) - Summary

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

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