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A03987 Summary:

BILL NOA03987
 
SAME ASNo Same As
 
SPONSORLentol
 
COSPNSR
 
MLTSPNSR
 
Amd 140.15, Pen L
 
Expands the definition of the offense of criminal trespass in the second degree.
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A03987 Actions:

BILL NOA03987
 
01/30/2017referred to codes
01/03/2018referred to codes
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A03987 Memo:

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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A03987 Text:



 
                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.
                                                                   LBD03866-01-7

        A. 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.
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