 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6049
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 26, 2019
                                       ___________
 
        Introduced by M. of A. TITUS -- Multi-Sponsored by -- M. of A. MAGNAREL-
          LI -- read once and referred to the Committee on Codes
 
        AN  ACT  to amend the penal law, in relation to unlawful defilement of a
          water supply
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The penal law is amended by adding a new section 490.60 to
     2  read as follows:
     3  § 490.60 Unlawful defilement of a water supply.
     4    1. As used in this section:
     5    (a) "Water supply" means any public or private transmission  facility,
     6  treatment  facility, source of supply facility, well or reservoir, which
     7  provides potable water for residential,  commercial,  industrial  and/or
     8  fire service needs.
     9    (b)  "Defiling  agent"  means  any chemical, biological or radioactive
    10  agent or substance, which is capable, when introduced or placed  into  a
    11  water  supply,  of causing the sickness, physical injury, severe disfig-
    12  urement, or death of a human being, or causing irreparable harm to  such
    13  water  supply,  or causing a disturbance to the public peace. A defiling
    14  agent shall not include a substance which is introduced or placed into a
    15  water supply by any municipal or state entity, or which is introduced or
    16  placed into a water supply by any agricultural or industrial entity as a
    17  result of its ordinary lawful operations.
    18    2. A person is guilty of unlawful defilement of a water supply when he
    19  intentionally introduces, places, or causes to be introduced or  placed,
    20  into a water supply, a defiling agent with the intent to cause the sick-
    21  ness,  physical  injury,  severe disfigurement or death of another human
    22  being, or with the reckless disregard of causing the sickness,  physical
    23  injury,  severe  disfigurement, or death of another human being, or with
    24  the intent to cause irreparable harm to such water supply, or to disturb
    25  the public peace.
    26    Unlawful defilement of a water supply is a class B felony.
    27    § 2. This act shall take effect on the first of November next succeed-
    28  ing the date on which it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05861-01-9
Creates the crime of unlawful defilement of a water supply

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