|SAME AS||No Same As|
|Amd §140.15, Pen L|
|Expands the definition of the offense of criminal trespass in the second degree.|
|01/30/2017||referred to codes|
|01/03/2018||referred to codes|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3987 SPONSOR: Lentol
TITLE OF BILL: An act to amend the penal law, in relation to expand- ing the definition of the offense of criminal trespass in the second degree   PURPOSE OR GENERAL IDEA OF THE BILL:   SUMMARY OF SPECIFIC PROVISIONS: Section 1 establishes the title as the "Critical Infrastructure Safety Act." Section 2 amends Section 140.15 of the penal law by making a person guilty of Criminal Trespassing in the Second Degree when he or she know- ingly climbs upon any railing, cable, suspender rope, tower, or super- structure of any bridge, or otherwise trespasses on any portion of a bridge, tunnel, or any other critical infrastructure that is not intended for public use. Section one also defines "critical infrastruc- ture" and "not intended for public use:" "Critical Infrastructure" means systems, assets, places or things,so vital to the state that the disruption, incapacitation or destruction of them could jeopardize the health, safety, welfare or security of the state, its residents or its economy "Not intended for public use" means any area on or surrounding critical infrastructure that is either clearly marked as such or that a reason- able person would determine is not for public use. Criminal trespass in the second degree is a class A misdemeanor. Section 3 establishes the effective date.   JUSTIFICATION: Three separate incidents of tourists climbing the Brooklyn Bridge, one in which two people replaced the American flags atop the towers of the bridge, have highlighted a serious gap in New York State Law. Current- ly, there is no language in State law that distinguishes trespassing on critical infrastructure from other instances of trespassing. This bill will hold accountable those who jeopardize the safety of New York's residents by knowingly climbing areas of critical infrastructure not intended for public use. The state Division of Homeland Security uses a similar definition of critical infrastructure to assess the vulnerability of infrastructure to terrorist attack.   PRIOR LEGISLATIVE HISTORY: A.6792-A of 2015-16   FISCAL IMPLICATIONS: No fiscal impact   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
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STATE OF NEW YORK ________________________________________________________________________ 3987 2017-2018 Regular Sessions IN ASSEMBLY January 30, 2017 ___________ Introduced by M. of A. LENTOL -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to expanding the definition of the offense of criminal trespass in the second degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "critical 2 infrastructure safety act". 3 § 2. Section 140.15 of the penal law, as amended by chapter 315 of the 4 laws of 2010, is amended to read as follows: 5 § 140.15 Criminal trespass in the second degree. 6 1. A person is guilty of criminal trespass in the second degree when: 7 [ 1.] a. he or she knowingly enters or remains unlawfully in a dwell- 8 ing; [ or] 9 [ 2.] b. being a person required to maintain registration under article 10 six-C of the correction law and designated a level two or level three 11 offender pursuant to subdivision six of section one hundred 12 sixty-eight-l of the correction law, he or she enters or remains in a 13 public or private elementary, parochial, intermediate, junior high, 14 vocational or high school knowing that the victim of the offense for 15 which such registration is required attends or formerly attended such 16 school. It shall not be an offense subject to prosecution under this 17 subdivision if: the person is a lawfully registered student at such 18 school; the person is a lawful student participant in a school sponsored 19 event; the person is a parent or a legal guardian of a lawfully regis- 20 tered student at such school and enters the school for the purpose of 21 attending their child's or dependent's event or activity; such school is 22 the person's designated polling place and he or she enters such school 23 building for the limited purpose of voting; or if the person enters such 24 school building for the limited purposes authorized by the superinten- 25 dent or chief administrator of such school[ .]; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03866-01-7A. 3987 2 1 c. he or she knowingly climbs upon any railing, cable, suspender rope, 2 tower, or superstructure of any bridge, or otherwise trespasses on any 3 portion of a bridge, tunnel, or any other critical infrastructure that 4 is not intended for public use. 5 2. As used in this section: 6 a. "critical infrastructure" shall mean systems, assets, places or 7 things so vital to the state that the disruption, incapacitation or 8 destruction of such systems, assets, places or things could jeopardize 9 the health, safety, welfare or security of the state, its residents or 10 its economy; and 11 b. "not intended for public use" shall mean any area on or surrounding 12 critical infrastructure that is either clearly marked as such or that a 13 reasonable person would determine is not for public use. 14 Criminal trespass in the second degree is a class A misdemeanor. 15 § 3. This act shall take effect on the first of November next succeed- 16 ing the date upon which it shall have become a law.