Assembly Bill A3661

2023-2024 Legislative Session

Relates to posting of private property

download bill text pdf

Sponsored By

Current 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

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

co-Sponsors

2023-A3661 (ACTIVE) - Details

See Senate Version of this Bill:
S1168
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
2019-2020: A9618, S4248
2021-2022: A4716, S5372

2023-A3661 (ACTIVE) - Summary

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

2023-A3661 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3661
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced by M. of A. MANKTELOW, J. M. GIGLIO, SAYEGH, MILLER, SMULLEN,
   ANGELINO, HAWLEY, DeSTEFANO -- 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03523-01-3
 A. 3661                             2
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

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