What's happening
This bill expands second-degree criminal trespass to include unauthorized access to non-public areas of critical infrastructure like bridges and tunnels.
Why it matters
Increases legal protections for critical infrastructure. By expanding trespass laws to include unauthorized access to non-public areas of bridges, tunnels, and other essential sites, the bill aims to deter individuals from entering spaces that could be targets for sabotage or disruption.
Clarifies what counts as ‘critical infrastructure’ and restricted zones. The bill specifically defines “critical infrastructure” and what areas are “not intended for public use,” making it clearer to the public and law enforcement which locations are off-limits and why.
Potential for broader criminal liability. Individuals who might previously have faced lesser or no charges for entering certain sections of infrastructure (even without malicious intent) could now be charged with a class A misdemeanor, raising the legal stakes for such actions.
Reflects heightened security concerns. The legislation responds to modern threats, including terrorism and vandalism, by recognizing the importance of protecting infrastructure whose compromise could seriously impact public safety or the economy.
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Who cares
Headline styles
Expand Trespass Law Coverage
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "critical infrastructure safety act".
§ 2. Section 140.15 of the penal law, as amended by chapter 315 of the laws of 2010, is amended to read as follows: § 140.15 Criminal trespass in the second degree.
1. A person is guilty of criminal trespass in the second degree when:
[1.] a. he or she knowingly enters or remains unlawfully in a dwelling; [or]
[2.] b. being a person required to maintain registration under article six-C of the correction law and designated a level two or level three offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law, he or she enters or remains in a public or private elementary, parochial, intermediate, junior high, vocational or high school knowing that the victim of the offense for which such registration is required attends or formerly attended such school. It shall not be an offense subject to prosecution under this subdivision if: the person is a lawfully registered student at such school; the person is a lawful student participant in a school sponsored event; the person is a parent or a legal guardian of a lawfully registered student at such school and enters the school for the purpose of attending their child's or dependent's event or activity; such school is the person's designated polling place and he or she enters such school building for the limited purpose of voting; or if the person enters such school building for the limited purposes authorized by the superintendent 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
c. he or she knowingly climbs upon any railing, cable, suspender rope, tower, or superstructure 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.
2. As used in this section:
a. "critical infrastructure" shall mean systems, assets, places or things so vital to the state that the disruption, incapacitation or destruction of such systems, assets, places or things could jeopardize the health, safety, welfare or security of the state, its residents or its economy; and
b. "not intended for public use" shall mean any area on or surrounding critical infrastructure that is either clearly marked as such or that a reasonable person would determine is not for public use.
Criminal trespass in the second degree is a class A misdemeanor.
§ 3. This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.