What's happening
This bill creates a new class C felony for intentionally or recklessly causing costly environmental property damage during the commission of another felony.
Why it matters
Targets large-scale environmental harm. The bill focuses on cases where property damage during another felony results in significant environmental impacts—specifically, alterations, dilution, or destruction of water, soil, or air that require costly cleanup (over $100,000). This means it is aimed at serious incidents, not minor infractions.
Creates stronger deterrents for polluters and criminals. By making this a class C felony and requiring that any resulting prison sentence is served in addition to (not concurrent with) the sentence for the underlying felony, the bill sharply increases the potential consequences for those whose actions cause major environmental damage.
Includes a safeguard for legitimate actors. There is an affirmative defense built in for individuals who reasonably believed they had the right (through license or ownership) to alter the property, or if their actions were not criminal under the law. This aims to prevent accidental prosecution of those acting within legal bounds, such as permitted landowners or contractors.
Signals a policy shift prioritizing environmental protection. By embedding environmental harm within the criminal justice framework and tying it to other felonies, the bill elevates the seriousness of environmental property crimes and could influence how businesses, developers, and individuals assess risks related to environmental stewardship.
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Who cares
Headline styles
Create Environmental Crime Law
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4207
2019-2020 Regular Sessions
IN ASSEMBLY
February 1, 2019
Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to creating the crime of environmental damage of property
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 145.24 to read as follows: § 145.24 Environmental damage of property.
1. A person is guilty of environmental damage of property when, in the course of the commission of another felony act, he or she intentionally or recklessly causes any property damage that alters, dilutes, or destroys water, soil, or air, and such damage necessitates remediation costs in excess of one hundred thousand dollars.
2. It shall be an affirmative defense to the crime of environmental damage of property that the defendant was acting under a reasonable belief that he or she had a right to alter, dilute or destroy due to license and/or ownership of said property, or that the underlying act was not a violation of this chapter.
Environmental damage of property is a class C felony. Any sentence imposed pursuant to a conviction under this section is to be served consecutive to any sentence imposed for the underlying felony.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07393-01-9
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.