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A3094Assembly2009-2010 SessionSame asS2489

Requires criminal prosecution where shoddy construction work results in serious physical injury or death of a person

Sponsor Michael BenjaminAD-79+4 co-sponsors
Status
In Assembly Committee
Governmental Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Governmental Operations

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History

  1. Referred to governmental operations
  2. Print number 3094a
  3. Amend (t) and recommit to governmental operations
  4. Referred to governmental operations

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A3094A

Title of bill

An act to amend the penal law, in relation to building code violations that lead to serious physical injury or death

Purpose or general idea of bill

To provide law enforcement the necessary tools to pursue criminal liability against a person who does not comply with an order to remedy a violation of the NYS Uniform Fire Prevention and Building Code, the NYC Construction Codes, the NYC Fire Code, or their successor codes, or any local laws regarding the enforcement of such codes, within a specified period of time and thereby causes serious physical injury to or the death of another person.

Summary of specific provisions

Section 1: Amends section 125.10 of the penal law by adding failure to comply with an order to remedy a violation of the NYS Uniform Fire Prevention and Building Code, the NYC Construction Codes, the NYC Fire Code, or their successor codes, or any local laws regarding the enforce- ment of such codes, within the time period for correction stated in the order to the definition of criminally negligent homicide where such failure causes the death of another person.

Section 2: Amends section 120.20 of the penal law by adding failure to comply with an order to remedy a violation of the NYS Uniform Fire Prevention and Building Code, the NYC Construction Codes, the NYC Fire Code, or their successor codes, or any local laws regarding the enforce- ment of such codes, within the time period for correction stated in the order to the definition of reckless endangerment in the second degree where such failure causes serious physical injury to another person.

Justification

This legislation would provide an incentive for property owners, who are in violation of the NYS Uniform Fire Prevention and Building Code, the NYC Construction Codes or the NYC fire Code to repair their building in a timely fashion. Those building owners who fail to comply with an order to remedy a violation, and thereby cause serious physical injury to or the death of another person, should be held criminally liable for their inaction.

Prior legislative history

2007-08 (A9344)

Fiscal implications

Undetermined.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.