Bill S4777-2011

Relates to possession of a weapon on school grounds or a school bus; repealer

Relates to possession of a weapon on school grounds or a school bus; establishes such crime as a class e felony.

Details

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  • Law:

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Apr 25, 2011: REFERRED TO CODES

Meetings

Memo

BILL NUMBER:S4777

TITLE OF BILL:

An act to amend the penal law and the criminal procedure law, in relation to criminal possession of a weapon upon school grounds or on a school bus; and to repeal subdivision 3 of section 265.01 of the penal law relating thereto

PURPOSE:

Section 1 of this bill would repeal existing subdivision 3 of Penal Law ("PL") § 265.01, which penalizes possession of a weapon upon school grounds as part of a section that is punishable only as an A misdemeanor ("Criminal possession of a weapon in the fourth degree"). Section 2 of the bill would add a new PL §265.07, entitled "Criminal possession of a weapon upon school grounds," an E felony.

In addition, bill sections 3 through 6 would make conforming amendments to sections of the Penal Law (§ 265.15(2), § 265.20(a) and (1), § 265.20(1) and § 265. 20(3)) that refer to various weapons related crimes. Finally, bill section 7 would make a conforming amendment to Criminal Procedure Law § 700.05(8)(b), the list of designated offenses contained in the definitions of terms used in Article 700 relating to eavesdropping and video surveillance warrants.

JUSTIFICATION:

Criminal penalties are often enhanced when an illegal act occurs in or around schools, in acknowledgement of the inherent danger to those most in need of protection from crime. Examples of criminal penalties that are elevated to felonies when committed on school grounds include assault (PL § 120.05(10), a class D felony, drug sales (PL §§220.34, a class C felony, and 220.44, a class B felony), falsely reporting an incident (PL § 240.60(5), a class D felony), and placing a false bomb or hazardous substance (PL § 240.62, a class D felony). Special provisions exist to prevent sex offenders from entering upon school grounds (PL §65.10(4-a), a class C felony).

However, there is no penalty enhancement available under State law for possession of a firearm on school grounds or on a school bus, which is currently treated in like manner as any other type of firearm possession to PL § 265.01, a class A misdemeanor. New York City Charter § 460 prohibits possession of firearms within a school zone; however, this prohibition similarly carries only a misdemeanor penalty, the maximum penalty which may be enacted by a locality without State legislative action.

The terror and destruction that unlawful possession of firearms creates is greatly exacerbated when those firearms are brought into a

school environment. It is therefore appropriate that possession of a firearm on school grounds be elevated to a class E felony, to reflect the higher level of danger to school communities when a firearm is present.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: On the sixtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4777 2011-2012 Regular Sessions IN SENATE April 25, 2011 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to criminal possession of a weapon upon school grounds or on a school bus; and to repeal subdivision 3 of section 265.01 of the penal law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 265.01 of the penal law is REPEALED. S 2. The penal law is amended by adding a new section 265.07 to read as follows: S 265.07 CRIMINAL POSSESSION OF A WEAPON UPON SCHOOL GROUNDS OR ON A SCHOOL BUS. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON UPON SCHOOL GROUNDS OR SCHOOL BUS WHEN HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION A RIFLE, SHOTGUN OR FIREARM IN OR UPON A BUILDING OR GROUNDS, USED FOR EDUCATIONAL PURPOSES, OF ANY SCHOOL, COLLEGE OR UNIVERSITY, EXCEPT THE FORESTRY LANDS, WHEREVER LOCATED, OWNED AND MAINTAINED BY THE STATE UNIVERSITY OF NEW YORK COLLEGE OF ENVIRONMENTAL SCIENCE AND FORES- TRY, OR UPON A SCHOOL BUS AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW, WITHOUT THE WRITTEN AUTHORIZATION OF SUCH EDUCATIONAL INSTITUTION. CRIMINAL POSSESSION OF A WEAPON UPON SCHOOL GROUNDS OR ON A SCHOOL BUS IS A CLASS E FELONY. S 3. Subdivision 2 of section 265.15 of the penal law, as amended by chapter 1041 of the laws of 1974, is amended to read as follows: 2. The presence in any stolen vehicle of any weapon, instrument, appliance or substance specified in sections 265.01, 265.02, 265.03, 265.04 [and], 265.05 AND 265.07 is presumptive evidence of its
possession by all persons occupying such vehicle at the time such weap- on, instrument, appliance or substance is found. S 4. The opening paragraph of subdivision a of section 265.20 of the penal law, as amended by chapter 496 of the laws of 1991, is amended to read as follows: Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.07, 265.10, 265.11, 265.12, 265.13, 265.15 and 270.05 shall not apply to: S 5. The opening paragraph of paragraph 1 of subdivision a of section 265.20 of the penal law, as amended by chapter 1041 of the laws of 1974, is amended to read as follows: Possession of any of the weapons, instruments, appliances or substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.07 and 270.05 by the following: S 6. Paragraph 3 of subdivision a of section 265.20 of the penal law, as amended by chapter 210 of the laws of 1999, is amended to read as follows: 3. Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00 or 400.01 of this chapter; provided, that such a license shall not preclude a conviction for the offense defined in [subdivision three of] section [265.01] 265.07 of this article. S 7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal procedure law, as amended by chapter 405 of the laws of 2010, is amended to read as follows: (b) Any of the following felonies: assault in the second degree as defined in section 120.05 of the penal law, assault in the first degree as defined in section 120.10 of the penal law, reckless endangerment in the first degree as defined in section 120.25 of the penal law, promot- ing a suicide attempt as defined in section 120.30 of the penal law, strangulation in the second degree as defined in section 121.12 of the penal law, strangulation in the first degree as defined in section 121.13 of the penal law, criminally negligent homicide as defined in section 125.10 of the penal law, manslaughter in the second degree as defined in section 125.15 of the penal law, manslaughter in the first degree as defined in section 125.20 of the penal law, murder in the second degree as defined in section 125.25 of the penal law, murder in the first degree as defined in section 125.27 of the penal law, abortion in the second degree as defined in section 125.40 of the penal law, abortion in the first degree as defined in section 125.45 of the penal law, rape in the third degree as defined in section 130.25 of the penal law, rape in the second degree as defined in section 130.30 of the penal law, rape in the first degree as defined in section 130.35 of the penal law, criminal sexual act in the third degree as defined in section 130.40 of the penal law, criminal sexual act in the second degree as defined in section 130.45 of the penal law, criminal sexual act in the first degree as defined in section 130.50 of the penal law, sexual abuse in the first degree as defined in section 130.65 of the penal law, unlawful imprisonment in the first degree as defined in section 135.10 of the penal law, kidnapping in the second degree as defined in section 135.20 of the penal law, kidnapping in the first degree as defined in section 135.25 of the penal law, labor trafficking as defined in section 135.35 of the penal law, custodial interference in the first degree as defined in section 135.50 of the penal law, coercion in the first degree as defined in section 135.65 of the penal law, criminal trespass in the first degree as defined in section 140.17 of the penal law, burglary in the third degree as defined in section 140.20 of the penal law, burglary
in the second degree as defined in section 140.25 of the penal law, burglary in the first degree as defined in section 140.30 of the penal law, criminal mischief in the third degree as defined in section 145.05 of the penal law, criminal mischief in the second degree as defined in section 145.10 of the penal law, criminal mischief in the first degree as defined in section 145.12 of the penal law, criminal tampering in the first degree as defined in section 145.20 of the penal law, arson in the fourth degree as defined in section 150.05 of the penal law, arson in the third degree as defined in section 150.10 of the penal law, arson in the second degree as defined in section 150.15 of the penal law, arson in the first degree as defined in section 150.20 of the penal law, grand larceny in the fourth degree as defined in section 155.30 of the penal law, grand larceny in the third degree as defined in section 155.35 of the penal law, grand larceny in the second degree as defined in section 155.40 of the penal law, grand larceny in the first degree as defined in section 155.42 of the penal law, health care fraud in the fourth degree as defined in section 177.10 of the penal law, health care fraud in the third degree as defined in section 177.15 of the penal law, health care fraud in the second degree as defined in section 177.20 of the penal law, health care fraud in the first degree as defined in section 177.25 of the penal law, robbery in the third degree as defined in section 160.05 of the penal law, robbery in the second degree as defined in section 160.10 of the penal law, robbery in the first degree as defined in section 160.15 of the penal law, unlawful use of secret scientific material as defined in section 165.07 of the penal law, criminal possession of stolen property in the fourth degree as defined in section 165.45 of the penal law, criminal possession of stolen property in the third degree as defined in section 165.50 of the penal law, criminal possession of stolen property in the second degree as defined by section 165.52 of the penal law, criminal possession of stolen property in the first degree as defined by section 165.54 of the penal law, trademark counterfeiting in the second degree as defined in section 165.72 of the penal law, trademark counterfeiting in the first degree as defined in section 165.73 of the penal law, forgery in the second degree as defined in section 170.10 of the penal law, forgery in the first degree as defined in section 170.15 of the penal law, criminal possession of a forged instrument in the second degree as defined in section 170.25 of the penal law, criminal possession of a forged instrument in the first degree as defined in section 170.30 of the penal law, criminal possession of forgery devices as defined in section 170.40 of the penal law, falsifying business records in the first degree as defined in section 175.10 of the penal law, tampering with public records in the first degree as defined in section 175.25 of the penal law, offering a false instrument for filing in the first degree as defined in section 175.35 of the penal law, issuing a false certificate as defined in section 175.40 of the penal law, criminal diversion of prescription medications and prescriptions in the second degree as defined in section 178.20 of the penal law, criminal diversion of prescription medications and prescriptions in the first degree as defined in section 178.25 of the penal law, residential mortgage fraud in the fourth degree as defined in section 187.10 of the penal law, residential mortgage fraud in the third degree as defined in section 187.15 of the penal law, resi- dential mortgage fraud in the second degree as defined in section 187.20 of the penal law, residential mortgage fraud in the first degree as defined in section 187.25 of the penal law, escape in the second degree as defined in section 205.10 of the penal law, escape in the first
degree as defined in section 205.15 of the penal law, absconding from temporary release in the first degree as defined in section 205.17 of the penal law, promoting prison contraband in the first degree as defined in section 205.25 of the penal law, hindering prosecution in the second degree as defined in section 205.60 of the penal law, hindering prosecution in the first degree as defined in section 205.65 of the penal law, sex trafficking as defined in section 230.34 of the penal law, criminal possession of a weapon in the third degree as defined in subdivisions two, three and five of section 265.02 of the penal law, criminal possession of a weapon in the second degree as defined in section 265.03 of the penal law, criminal possession of a weapon in the first degree as defined in section 265.04 of the penal law, CRIMINAL POSSESSION OF A WEAPON UPON SCHOOL GROUNDS OR A SCHOOL BUS AS DEFINED IN SECTION 265.07 OF THE PENAL LAW, manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances defined as felonies in subdivisions one, two, and three of section 265.10 of the penal law, sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use of weapons as defined in subdivision two of section 265.35 of the penal law, relating to firearms and other dangerous weap- ons, or failure to disclose the origin of a recording in the first degree as defined in section 275.40 of the penal law; S 8. This act shall take effect on the sixtieth day after it shall have become a law.

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