Establishes a person is guilty of criminal trespass in the second degree when he or she, being required to maintain registration as a sex offender, enters or remains in a school knowing that the victim of his or her offense attends or formerly attended such school.
BILL NUMBER: S1606B
TITLE OF BILL : An act to amend the penal law, in relation to the crime of criminal trespass in the second degree
PURPOSE OR GENERAL IDEA OF BILL : The bill creates the category of criminal trespass by a level two or level three sex offender if he or she enters a school where the victim of his or her offense attends or formerly attended, with some exceptions.
SUMMARY OF SPECIFIC PROVISIONS : The bill adds a new subdivision 2 to section 140.15 of the penal law. Under this new subdivision, a person is guilty of criminal trespass when he or she is a level two or three sex offender and enters a school where his or her victim attends or used to attend. Exceptions are made for a person who is a parent or guardian of a child at the school and enters the school to attend his or her child's extracurricular or academic activities, for a person who enters the school for the limited purpose of voting, or for any other limited purpose explicitly authorized by the superintendent or chief administrator of the school.
JUSTIFICATION : Additional precautions must be taken to ensure the safety of vulnerable populations. This bill addresses the need to prevent level two and level three sex offenders from becoming a threat to the victims of their crimes. While an order of protection may be available by petition, this bill is necessary as an additional and long-term means of protecting victims from exposure to further harm.
PRIOR LEGISLATIVE HISTORY : 2010: A.2257 Passed Assembly 2009: A.2257 Passed Assembly 2008: A.6850 Passed Assembly 2007: A.6850 Passed Assembly
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : November 1 after enactment.
STATE OF NEW YORK ________________________________________________________________________ 1606--B 2009-2010 Regular Sessions IN SENATE February 3, 2009 ___________Introduced by Sens. VALESKY, HASSELL-THOMPSON, KLEIN, KRUEGER, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to the crime of criminal trespass in the second degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 140.15 of the penal law, as amended by chapter 341 of the laws of 1969, is amended to read as follows: S 140.15 Criminal trespass in the second degree. A person is guilty of criminal trespass in the second degree when: 1. he OR SHE knowingly enters or remains unlawfully in a dwelling; OR 2. BEING A PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW AND DESIGNATED A LEVEL TWO OR LEVEL THREE OFFENDER PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW, HE OR SHE ENTERS OR REMAINS IN A PUBLIC OR PRIVATE ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL KNOWING THAT THE VICTIM OF THE OFFENSE FOR WHICH SUCH REGISTRATION IS REQUIRED ATTENDS OR FORMERLY ATTENDED SUCH SCHOOL. IT SHALL NOT BE AN OFFENSE SUBJECT TO PROSECUTION UNDER THIS SUBDIVISION IF: THE PERSON IS A LAWFULLY REGISTERED STUDENT AT SUCH SCHOOL; THE PERSON IS A LAWFUL STUDENT PARTICIPANT IN A SCHOOL SPONSORED EVENT; THE PERSON IS A PARENT OR A LEGAL GUARDIAN OF A LAWFULLY REGIS- TERED STUDENT AT SUCH SCHOOL AND ENTERS THE SCHOOL FOR THE PURPOSE OF ATTENDING THEIR CHILD'S OR DEPENDENT'S EVENT OR ACTIVITY; SUCH SCHOOL IS THE PERSON'S DESIGNATED POLLING PLACE AND HE OR SHE ENTERS SUCH SCHOOL BUILDING FOR THE LIMITED PURPOSE OF VOTING; OR IF THE PERSON ENTERS SUCHEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05042-05-0 S. 1606--B 2
SCHOOL BUILDING FOR THE LIMITED PURPOSES AUTHORIZED BY THE SUPERINTEN- DENT OR CHIEF ADMINISTRATOR OF SUCH SCHOOL. Criminal trespass in the second degree is a class A misdemeanor. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.