Establishes the crime of criminally negligent use of real property; establishes that the commission of such crime shall constitute a class A misdemeanor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2344
SPONSOR: Vanel TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crime of
criminally negligent use of real property
PURPOSE OR GENERAL IDEA OF BILL:
Establishes the crime of criminally negligent use of real property
SUMMARY OF SPECIFIC PROVISIONS:
JUSTIFICATION:
There has been a surge of violence in local communities due to illegal
use of premises. Illegal gambling, illicit night clubs and gatherings,
unlawful liquor sales in commercial or residential buildings-have•
resulted in shootings and violence that result in serious bodily injury
or death.
Currently, property owners and lessors may be held civilly liable for
such activities on the premises. This Bill will make such persons crimi-
nally liable if they knew or Should have known of such activities on
their premises.
PRIOR LEGISLATIVE HISTORY:
03/25/21 referred to codes
01/05/22 referred to codes
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
2344
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. VANEL -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
criminally negligent use of real property
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 240.80 to
2 read as follows:
3 § 240.80 Criminally negligent use of real property.
4 1. A person is guilty of criminally negligent use of real property
5 when he or she:
6 (a) is an owner or lessor of such real property;
7 (b) leases or gives possession of such property to a lessee or occu-
8 pant; and
9 (c) permits the unlawful use or occupancy of such property by such
10 lessee or occupant.
11 2. For purposes of this section the following terms shall have the
12 following meanings:
13 (a) "Permits" shall mean:
14 (i) knowledge of such unlawful use or occupancy; or
15 (ii) knowledge of the lessee or occupant, within a period of one year,
16 being convicted of two or more offenses related to the unlawful use or
17 occupancy of property as described in paragraph (b) of this subdivision.
18 (b) "Unlawful use or occupancy" shall include, but not be limited to,
19 unsanctioned:
20 (i) gambling, as defined in subdivision two of section 225.00 of this
21 chapter;
22 (ii) combative sports; or
23 (iii) organized entertainment events, including but not limited to,
24 events serving and charging for the consumption of alcoholic beverages.
25 Criminally negligent use of real property is a class A misdemeanor.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06243-01-3
