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History
- Referred to housing, construction and community development
- Print number 2489a
- Amend (t) and recommit to housing, construction and community development
- Referred to housing, construction and community development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Requires criminal prosecution where shoddy construction work results in serious physical injury or death of a person
In Assembly Committee · Governmental Operations · Sponsor Michael Benjamin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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 enforcement 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 enforcement 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.