Bill S5122-2013

Establishes the crimes of criminal trespass on a school bus; school grounds or children's camp

Establishes the crimes of criminal trespass on a school bus, school grounds or children's camp.

Details

Actions

  • Jun 12, 2014: referred to codes
  • Jun 12, 2014: DELIVERED TO ASSEMBLY
  • Jun 12, 2014: PASSED SENATE
  • May 28, 2014: ADVANCED TO THIRD READING
  • May 21, 2014: 2ND REPORT CAL.
  • May 20, 2014: 1ST REPORT CAL.905
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 13, 2013: referred to codes
  • Jun 13, 2013: DELIVERED TO ASSEMBLY
  • Jun 13, 2013: PASSED SENATE
  • Jun 12, 2013: ORDERED TO THIRD READING CAL.1356
  • Jun 12, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 10, 2013: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 12, 2013
Ayes (22): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Fuschillo, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Parker, Espaillat, Gianaris
Ayes W/R (1): Krueger
Nays (1): Montgomery
Excused (1): Perkins
VOTE: COMMITTEE VOTE: - Rules - Jun 17, 2013
Ayes (22): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Fuschillo, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Parker, Espaillat, Gianaris
Ayes W/R (1): Krueger
Nays (1): Montgomery
Excused (1): Perkins
VOTE: COMMITTEE VOTE: - Codes - May 20, 2014
Ayes (14): Nozzolio, Boyle, DeFrancisco, Flanagan, Gallivan, Golden, Lanza, O'Mara, Griffo, Avella, Perkins, Espaillat, Hoylman, O'Brien
Ayes W/R (1): Krueger
Nays (1): Squadron

Memo

BILL NUMBER:S5122

TITLE OF BILL: An act to amend the penal law, in relation to establishing the crimes of criminal trespass on school grounds or children's camp and criminal trespass on a school bus in the first and second degrees

PURPOSE:

To establish the crimes of criminal trespass on a school bus; to school grounds or children's camp.

SUMMARY OF PROVISIONS:

Section 1: Amends the Penal Law by adding a new section 140.09 to establish the crime of criminal trespass on school grounds or children's camp (class C felony).

Section 2: Amends the Penal Law by adding a new section 140.18 establishing the crime of criminal trespass on a school bus in the second degree (class A misdemeanor).

Section 3: Amends the Penal Law by adding a new section 140.19 establishing the crime of criminal trespass on a school bus in the first degree (class C felony).

JUSTIFICATION:

In the wake of recent tragedies, there is a need to employ stiffer criminal penalties for trespassing on school mounds and school buses. This bill provides an added measure of safety and security to students, teachers and school employees as well as to school bus drivers and their passengers. By increasing criminal penalties we will be deterring such acts and sending a loud message that New York State will not stand for violent acts against school children. A similar bill has been introduced in the Alabama State Legislature.

LEGISLATIVE HISTORY:

2013: New legislation.

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 law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5122 2013-2014 Regular Sessions IN SENATE May 10, 2013 ___________
Introduced by Sen. FLANAGAN -- 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 crimes of criminal trespass on school grounds or children's camp and criminal trespass on a school bus in the first and second degrees 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 140.09 to read as follows: S 140.09 CRIMINAL TRESPASS ON SCHOOL GROUNDS OR CHILDREN'S CAMP. A PERSON IS GUILTY OF CRIMINAL TRESPASS ON SCHOOL GROUNDS OR CHIL- DREN'S CAMP WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL TRESPASS IN THE FIRST DEGREE PURSUANT TO SECTION 140.17 OF THIS ARTICLE AND SUCH BUILD- ING OR GROUNDS IS UTILIZED AS AN ELEMENTARY OR SECONDARY SCHOOL OR A CHILDREN'S OVERNIGHT CAMP OR A SUMMER DAY CAMP AS DEFINED IN SECTION THIRTEEN HUNDRED NINETY-TWO OF THE PUBLIC HEALTH LAW IN VIOLATION OF CONSPICUOUSLY POSTED RULES OR REGULATIONS GOVERNING ENTRY AND USE THERE- OF. CRIMINAL TRESPASS ON SCHOOL GROUNDS OR CHILDREN'S CAMP IS A CLASS C FELONY. S 2. The penal law is amended by adding a new section 140.18 to read as follows: S 140.18 CRIMINAL TRESPASS ON A SCHOOL BUS IN THE SECOND DEGREE. 1. A PERSON IS GUILTY OF CRIMINAL TRESPASS ON A SCHOOL BUS IN THE SECOND DEGREE WHEN HE OR SHE: (A) WILLFULLY DEMOLISHES, DESTROYS, DEFACES, INJURES, BURNS, OR DAMAGES ANY PUBLIC SCHOOL BUS. (B) ENTERS A PUBLIC SCHOOL BUS WHILE THE DOOR IS OPEN TO LOAD OR UNLOAD STUDENTS, WHILE AT A RAILROAD GRADE CROSSING, OR AFTER BEING FORBIDDEN FROM DOING SO BY THE AUTHORIZED SCHOOL BUS DRIVER IN CHARGE OF
THE BUS, OR UPON DEMAND OF A PRINCIPAL OF A SCHOOL TO WHICH THE BUS IS ASSIGNED OR OTHER DULY AUTHORIZED SCHOOL SYSTEM OFFICIAL. (C) AS AN OCCUPANT OF A PUBLIC SCHOOL BUS, REFUSES TO LEAVE THE BUS ON DEMAND OF THE AUTHORIZED SCHOOL BUS DRIVER IN CHARGE OF THE BUS, OR UPON DEMAND OF A PRINCIPAL OF A SCHOOL TO WHICH THE BUS IS ASSIGNED OR OTHER DULY AUTHORIZED SCHOOL SYSTEM OFFICIAL. (D) WILLFULLY STOPS, IMPEDES, DELAYS, OR DETAINS ANY PUBLIC SCHOOL BUS BEING OPERATED FOR PUBLIC SCHOOL PURPOSES. 2. PARAGRAPHS (B), (C), AND (D) OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO A CHILD WHO IS LESS THAN TWELVE YEARS OF AGE OR TO AUTHORIZED SCHOOL PERSONNEL WHO ARE BOARDING THE SCHOOL BUS AS PART OF THEIR JOB ASSIGNMENT. CRIMINAL TRESPASS ON A SCHOOL BUS IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. S 3. The penal law is amended by adding a new section 140.19 to read as follows: S 140.19 CRIMINAL TRESPASS ON A SCHOOL BUS IN THE FIRST DEGREE. A PERSON IS GUILTY OF CRIMINAL TRESPASS ON A SCHOOL BUS IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL TRESPASS ON A SCHOOL BUS IN THE SECOND DEGREE PURSUANT TO SECTION 140.18 OF THIS ARTICLE AND WHEN, IN THE COURSE OF COMMITTING SUCH CRIME, HE OR SHE: 1. POSSESSES, OR KNOWS THAT ANOTHER PARTICIPANT IN THE CRIME POSSESSES, AN EXPLOSIVE OR A DEADLY WEAPON; OR 2. POSSESSES A FIREARM, RIFLE OR SHOTGUN, AS THOSE TERMS ARE DEFINED IN SECTION 265.00 OF THIS PART, AND ALSO POSSESSES OR HAS READILY ACCES- SIBLE A QUANTITY OF AMMUNITION WHICH IS CAPABLE OF BEING DISCHARGED FROM SUCH FIREARM, RIFLE OR SHOTGUN; OR 3. KNOWS THAT ANOTHER PARTICIPANT IN THE CRIME POSSESSES A FIREARM, RIFLE OR SHOTGUN UNDER CIRCUMSTANCES DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. CRIMINAL TRESPASS ON A SCHOOL BUS IN THE FIRST DEGREE IS A CLASS C FELONY. S 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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