S3125-2011 Actions

• Feb 9, 2011: REFERRED TO CODES

S3125-2011 Memo

BILL NUMBER:S3125

TITLE OF BILL:
An act
to amend the penal law, in relation to loitering

SUMMARY:
A new subdivision 7 is added to Section 240.35 of the penal law
to read as follows:

7. LOITERS OR REMAINS IN ANY TRANSPORTATION
FACILITY, WITHIN TWENTY-FIVE FEET OF THE TOKEN BOOTH OR SIMILAR
LOCATION, FOR MORE THAN TWENTY-FIVE MINUTES, UNLESS SPECIFICALLY
AUTHORIZED TO DO SO, UNLESS BECAUSE OF THE FACILITY'S SIZE OR DESIGN
IT WOULD BE IMPOSSIBLE TO MAINTAIN SUCH DISTANCE.

JUSTIFICATION:
Token booth operators have become the most recent victims of
pre-meditated violent crimes. Perpetrators loiter in the vicinity of
the token booth, waiting for an opportune time to rob attendants
under threat of physical harm. To date, two deaths have occurred
among toll booth operators as a result of robberies. By restricting
the time for which individuals can loiter in the immediate vicinity
of a toll booth, law enforcement officers can remove violators,
thereby reducing the risk to attendants.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Ninety days after this bill shall have become law. Provides that a
person is guilty of loitering when such person remains in a
transportation facility, within twenty-five feet of the token booth
or similar location, for more than twenty-five minutes unless
authorized to do so or unless the facility's design would make it
impossible to maintain such distance. Criminal sanction impact.

S3125-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 3125                                                  A. 4883
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 February 9, 2011
 
 IN  SENATE -- Introduced by Sen. KRUGER -- read twice and ordered print
 ed, and when printed to be committed to the Committee on Codes
 IN ASSEMBLY -- Introduced by M. of A. COOK, PHEFFER, MAYERSOHN, ORTIZ -
 read once and referred to the Committee on Codes
 

AN ACT to amend the penal law, in relation to loitering
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.

Section 240.35 of the penal law is amended by adding a new
 subdivision 7 to read as follows:

 7.  LOITERS  OR  REMAINS  IN  ANY  TRANSPORTATION   FACILITY,   WITHIN
 TWENTY-FIVE  FEET  OF THE TOKEN BOOTH OR SIMILAR LOCATION, FOR MORE THAN
 TWENTY-FIVE MINUTES, UNLESS SPECIFICALLY AUTHORIZED  TO  DO  SO,  UNLESS
 BECAUSE OF THE FACILITY'S SIZE OR DESIGN IT WOULD BE IMPOSSIBLE TO MAIN
 TAIN SUCH DISTANCE.
 

S  2.  This act shall take effect on the ninetieth day next succeeding
 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.
 LBD02695-01-1

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