•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A01468 Summary:

BILL NOA01468
 
SAME ASNo Same As
 
SPONSORCrouch
 
COSPNSR
 
MLTSPNSR
 
Amd 140.10, Pen L
 
Allows for prosecution under criminal trespass in the third degree, a class B misdemeanor, hunting, fishing or trapping on real property with notice against trespass.
Go to top    

A01468 Actions:

BILL NOA01468
 
01/15/2019referred to codes
06/13/2019held for consideration in codes
Go to top

A01468 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1468
 
SPONSOR: Crouch
  TITLE OF BILL: An act to amend the penal law, in relation to hunting, fishing or trapping on real property with notice against trespass   PURPOSE OR GENERAL IDEA OF BILL: Relates to hunting, fishing or trapping on real property with notice against trespass.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Subdivision (g) of section 140.10 of the penal law, as amended by chapter 176 of the laws of 2011, is amended and a new subdi- vision (h) is added to read: (g) where the property consists of a right-of-way or yard of a railroad or rapid transit railroad which has been designated and conspicuously posted as a no-trespass railroad zone or (h) while hunting, fishing or trapping: (i) when notice against trespass has been personally communicated to the trespasser by the owner of such real property or a person authorized by such owner; or (ii) when the real property has been conspicuously posted as a no-tres- pass area. Section 2. Effect date.   JUSTIFICATION: As more fishing and hunting opportunities arise in New York State, so do the instances of trespassing on provide lands. In many cases, private property owners have conspicuously posted their land and/or have personally communicated to the trespasser that he/she is trespassing and all too often the trespasser returns with no penalties. This legislation seeks to strengthen penalties against the trespasser by making it a class B misdemeanor (Criminal Trespass in the Third Degree) to hunt, fish or trap on real property that has posted a no trespass area or when notice against trespass has been personally communicated by the owner, thus acting as a trespassing deterrent.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.
Go to top

A01468 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1468
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2019
                                       ___________
 
        Introduced by M. of A. CROUCH -- read once and referred to the Committee
          on Codes
 
        AN  ACT to amend the penal law, in relation to hunting, fishing or trap-
          ping on real property with notice against trespass
 
          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)  while hunting, fishing or trapping: (i) when notice against tres-
     8  pass has been personally communicated to the trespasser by the owner  of
     9  such  real  property  or a person authorized by such owner; or (ii) when
    10  the real property has been conspicuously posted as a no-trespass area.
    11    § 2. This act shall take effect on the first of November next succeed-
    12  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.
                                                                   LBD02975-01-9
Go to top