 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9757
 
                   IN ASSEMBLY
 
                                      April 3, 2024
                                       ___________
 
        Introduced  by M. of A. FLOOD -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the penal law, in relation to criminal trespass  in  the
          third degree
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision (g) of section 140.10  of  the  penal  law,  as
     2  amended  by chapter 176 of the laws of 2011, is amended and a new subdi-
     3  vision (h) is added to read as follows:
     4    (g) where the property consists of a right-of-way or yard of  a  rail-
     5  road  or  rapid transit railroad which has been designated and conspicu-
     6  ously posted as a no-trespass railroad zone[.]; or
     7    (h) not having entered a lease or license for such  building  or  real
     8  property  with the rightful owner, enters or remains in such building or
     9  upon such real property or otherwise  occupies  such  building  or  real
    10  property  without  title,  right,  permission  of the rightful owner, or
    11  payment of rent accepted by the rightful owner; provided, however,  that
    12  in  any  prosecution  under  this subdivision it shall be an affirmative
    13  defense that the defendant is a  tenant  as  defined  in  section  seven
    14  hundred eleven of the real property actions and proceedings law.
    15    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14645-01-4
Relates to criminal trespass in the third degree

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