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Senate Bill S5372

2021-2022 Legislative Session

Relates to posting of private property

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2021-S5372 (ACTIVE) - Details

See Assembly Version of this Bill:
A4716
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §140.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S3994, A6429
2019-2020: S4248, A9618
2023-2024: S1168, A3661
2025-2026: A2165

2021-S5372 (ACTIVE) - Summary

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

2021-S5372 (ACTIVE) - Sponsor Memo

2021-S5372 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5372
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2021
                                ___________
 
 Introduced by Sens. OBERACKER, O'MARA -- 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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