S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3127
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by M. of A. PHEFFER AMATO, COOK -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the penal law, in relation to including certain activity
   in transit and transportation facilities within 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. Subdivision 2 of  section  140.15  of  the  penal  law,  as
 amended  by chapter 315 of the laws of 2010, is amended and a new subdi-
 vision 3 is added to read as follows:
   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 such
 school building for the limited purposes authorized by  the  superinten-
 dent or chief administrator of such school[.]; OR
   3.  HE  OR  SHE  KNOWINGLY  ENTERS  OR REMAINS UNLAWFULLY IN A TRANSIT
 FACILITY AS DEFINED UNDER SECTION TWELVE HUNDRED OF THE PUBLIC  AUTHORI-
 TIES  LAW  OR  A TRANSPORTATION FACILITY AS DEFINED UNDER SECTION TWELVE
 HUNDRED SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW.
   § 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.
                                                            LBD04352-01-3