senate Bill S4777

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 25 / Apr / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

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

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Bill Details

Versions:
S4777
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §265.01 sub 3, add §265.07, amd §§265.15 & 265.20, Pen L; amd §700.05, CP L

Sponsor 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.

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

                                  4777

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10807-01-1

S. 4777                             2

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

S. 4777                             3

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

S. 4777                             4

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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