S4915-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Apr 29, 2011: REFERRED TO CODES

S4915-2011 Memo

BILL NUMBER:S4915

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing the crime of
exposure of a person on school grounds

PURPOSE:
Establishes the crime of exposure on school grounds as an E-Felony.

SUMMARY OF PROVISIONS:
This bill amends the penal law to increase the penalties for
inappropriate exposure of intimate parts on school grounds. It
encompasses the violation as revealing to include any intimate or
private areas of an individual's body as being unclothed or exposed.
Included is the breast area of a female below the areola, with the
exception of breast feeding for infants or entertainers performing in
a play, exhibition, or show.

JUSTIFICATION:
Protecting our children from adverse behavior begins on school grounds.
Providing additional protections to our school property prohibiting
the display of such vile behavior to our youth is of the utmost
importance. Children need not be exposed or affected by such adverse
behavior while attending an educational facility. In addition to
protecting our youth, increasing the criminal punishment will deter
such perverse behavior on school grounds. Raising the criminal
penalties to an E felony will provide swift and severe punishment to
those who would endanger the welfare of children who, while under the
vigilance of school faculty, are away from the safety of their homes
under the protection of this great state.

LEGISLATIVE HISTORY:
S.4110 of 2007/2008
S.2795 of 2009/2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S4915-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4915

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 29, 2011
                                 ___________

  Introduced  by Sen. NOZZOLIO -- 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 establishing the crime  of
    exposure of a person on school grounds

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The penal law is amended by adding a new section 245.03  to
  read as follows:

  S 245.03 EXPOSURE OF A PERSON ON SCHOOL GROUNDS.
    A  PERSON  IS  GUILTY  OF  EXPOSURE  ON SCHOOL GROUNDS AS SUCH TERM IS
  DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THIS CHAPTER, IF HE
  OR SHE APPEARS ON SCHOOL GROUNDS IN SUCH A MANNER THAT  THE  PRIVATE  OR
  INTIMATE PARTS OF HIS OR HER BODY ARE UNCLOTHED OR EXPOSED. FOR PURPOSES
  OF  THIS SECTION, THE PRIVATE OR INTIMATE PARTS OF A FEMALE PERSON SHALL
  INCLUDE THAT PORTION OF THE BREAST WHICH IS BELOW THE TOP OF THE AREOLA.
  THIS SECTION SHALL NOT APPLY TO THE BREASTFEEDING OF INFANTS OR  TO  ANY
  PERSON  ENTERTAINING OR PERFORMING IN A PLAY, EXHIBITION, SHOW OR ENTER-
  TAINMENT.
    EXPOSURE OF A PERSON ON SCHOOL GROUNDS IS A CLASS E FELONY.
    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.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00338-01-1