STATE OF NEW YORK
________________________________________________________________________
8486
IN SENATE
September 10, 2010
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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, dilutes, or
7 destroys water, soil, or air, and such damage necessitates remediation
8 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, dilute or destroy due to
12 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.
LBD18123-01-0
