Bill Text: NY A02165 | 2025-2026 | General Assembly | Introduced

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Bill Title: Permits owners of private property to post such property to prevent trespass by painting purple markings on trees or markers.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Introduced) 2025-01-15 - referred to codes [A02165 Detail]

Download: New_York-2025-A02165-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2165

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 15, 2025
                                       ___________

        Introduced by M. of A. MANKTELOW, ANGELINO, DeSTEFANO, GALLAHAN, HAWLEY,
          MILLER,  PALMESANO,  SAYEGH,  SMULLEN -- read once and referred to the
          Committee on Codes

        AN ACT to amend the penal law, in relation to posting private property

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  5  of  section  140.00  of the penal law, as
     2  amended by chapter 698 of the laws  of  1979,  is  amended  to  read  as
     3  follows:
     4    5.  "Enter  or  remain  unlawfully."  (a)  A person "enters or remains
     5  unlawfully" in or upon premises when [he] such person is not licensed or
     6  privileged to do so. A person who, regardless  of  [his]  such  person's
     7  intent, enters or remains in or upon premises which are at the time open
     8  to the public does so with license and privilege unless [he] such person
     9  defies a lawful order not to enter or remain, personally communicated to
    10  [him]  them  by the owner of such premises or other authorized person. A
    11  license or privilege to enter or remain in  a  building  which  is  only
    12  partly  open  to  the  public  is not a license or privilege to enter or
    13  remain in that part of the building which is not open to the  public.  A
    14  person who enters or remains upon unimproved and apparently unused land,
    15  which  is  neither fenced nor otherwise enclosed in a manner designed to
    16  exclude intruders, does so with  license  and  privilege  unless  notice
    17  against  trespass is personally communicated to [him] such person by the
    18  owner of such land or other authorized person, or unless such notice  is
    19  given by posting in a conspicuous manner. A person who enters or remains
    20  in  or  about  a school building without written permission from someone
    21  authorized to issue such permission or without a legitimate reason which
    22  includes a relationship involving custody of  or  responsibility  for  a
    23  pupil  or  student enrolled in the school or without legitimate business
    24  or a purpose relating to the operation of the  school  does  so  without
    25  license and privilege.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03653-01-5
        A. 2165                             2

     1    (b)  An owner or lessee of any real property may post such property by
     2  placing identifying purple marks on trees or posts around the area to be
     3  posted. Each purple mark shall be: (i) a vertical line of at least eight
     4  inches in length and the bottom of the mark shall be no less than  three
     5  feet  nor  more  than five feet high. Such marks shall be placed no more
     6  than one hundred feet apart and shall be readily visible to  any  person
     7  approaching  the  property; or (ii) a post capped or otherwise marked on
     8  at least its top two inches. The bottom of the cap or mark shall be  not
     9  less  than three feet but not more than five feet six inches high. Posts
    10  so marked shall be placed not more than thirty-six feet apart and  shall
    11  be  readily  visible  to  any  person approaching the property. Prior to
    12  applying a cap or mark which is visible  from  both  sides  of  a  fence
    13  shared  by  different  property  owners  or  lessees, all such owners or
    14  lessees shall concur in the decision to post their own property. Nothing
    15  in this subdivision shall be construed to authorize the owner or  lessee
    16  of any real property to place any purple marks on any tree or post or to
    17  install  any post or fence if doing so would violate any applicable law,
    18  rule,  ordinance,  order,  covenant,  bylaw,  declaration,   regulation,
    19  restriction, contract, or instrument.
    20    §  2. The department of agriculture and markets shall conduct a public
    21  information campaign concerning the provisions of this act. Such depart-
    22  ment may prepare a brochure or disseminate the information  through  the
    23  agency  website.  Such  information  shall  include the requirements set
    24  forth in paragraph (b) of subdivision 5 of section 140.00 of  the  penal
    25  law,  including information regarding the size requirements of the mark-
    26  ings as well as the manner in which the markings shall be displayed.
    27    § 3. This act shall take effect on the one hundred twentieth day after
    28  it shall have become a law.