New York S 1174: Relates to criminal trespass in the third degree

Status: REFERRED TO CODES (as of 2026-01-07)

State: New York · Session: 2025-2026 · Bill: S 1174

Sponsors: Mario Mattera, Patricia Canzoneri-Fitzpatrick, Robert Rolison

Bill Text

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S01174 Summary:

BILL NOS01174 

&nbsp

SAME ASSAME AS A07791

&nbsp

SPONSORMATTERA

&nbsp

COSPNSRCANZONERI-FITZPATRICK, ROLISON

&nbsp

MLTSPNSR

&nbsp

Amd §140.10, Pen L

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Adds to the definition of trespassing in the third degree, not having entered a lease or license for such building or real property with the rightful owner, enters or remains in such building or upon such real property or otherwise occupies such building or real property without title, right, permission of the rightful owner, or payment of rent accepted by the rightful owner.

Go to top S01174 Actions:

BILL NOS01174 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS01174 Committee&nbspVotes:

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There are no Assembly votes for this bill in this legislative session.

Go to topS01174 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1174

 2025-2026 Regular Sessions

 IN SENATE

 January 8, 2025
 ___________

 Introduced by Sen. MATTERA -- read twice and ordered printed, and when
 printed to be committed 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.
 LBD03690-01-5

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