Creates the crime of unlawful defilement of a water supply; provides that a person is guilty of such crime when he introduces, places, or causes to be introduced or placed a defiling agent into a water supply; makes definitions; establishes such crime as a class B felony.
STATE OF NEW YORK
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10186
IN ASSEMBLY
March 10, 2010
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Introduced by M. of A. CASTELLI -- Multi-Sponsored by -- M. of A.
MAGNARELLI, REILLY -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to unlawful defilement of a
water supply
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 490.60 to
2 read as follows:
3 § 490.60 Unlawful defilement of a water supply.
4 1. As used in this section:
5 (a) "Water supply" means any public or private transmission facility,
6 treatment facility, source of supply facility, well or reservoir, which
7 provides potable water for residential, commercial, industrial and/or
8 fire service needs.
9 (b) "Defiling agent" means any chemical, biological or radioactive
10 agent or substance, which is capable, when introduced or placed into a
11 water supply, of causing the sickness, physical injury, severe disfig-
12 urement, or death of a human being, or causing irreparable harm to such
13 water supply, or causing a disturbance to the public peace. A defiling
14 agent shall not include a substance which is introduced or placed into a
15 water supply by any municipal or state entity, or which is introduced or
16 placed into a water supply by any agricultural or industrial entity as a
17 result of its ordinary lawful operations.
18 2. A person is guilty of unlawful defilement of a water supply when he
19 or she intentionally introduces, places, or causes to be introduced or
20 placed, or attempts to introduce, place, or cause introduction or place-
21 ment, into a water supply, a defiling agent with the intent to cause the
22 sickness, physical injury, severe disfigurement or death of another
23 human being, or with the reckless disregard of causing the sickness,
24 physical injury, severe disfigurement, or death of another human being,
25 or with the intent to cause irreparable harm to such water supply, or to
26 disturb the public peace.
27 Unlawful defilement of a water supply is a class B felony.
28 § 2. This act shall take effect on the first of November next succeed-
29 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16371-01-0
