STATE OF NEW YORK
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7712
2015-2016 Regular Sessions
IN ASSEMBLY
May 26, 2015
___________
Introduced by M. of A. RUSSELL -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to creating the crime of
environmental damage of 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 145.24 to
2 read as follows:
3 § 145.24 Environmental damage of property.
4 1. A person is guilty of environmental damage of property when, in the
5 course of the commission of another felony act, he or she intentionally
6 or recklessly causes any property damage that alters, contaminates, or
7 destroys the quality of water, soil, or air, and such damage necessi-
8 tates remediation costs in excess of one hundred thousand dollars.
9 2. It shall be an affirmative defense to the crime of environmental
10 damage of property that the defendant was acting under a reasonable
11 belief that he or she had a right to alter, contaminate or destroy due
12 to license and/or ownership of said property, or that the underlying act
13 was not a violation of this chapter.
14 Environmental damage of property is a class C felony. Any sentence
15 imposed pursuant to a conviction under this section is to be served
16 consecutive to any sentence imposed for the underlying felony.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03815-01-5
