Assembly Bill A2257

Signed By Governor
2009-2010 Legislative Session

Expands when a person is guilty of criminal trespass in the second degree

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2009-A2257 - Details

Law Section:
Penal Law
Laws Affected:
Amd §140.15, Pen L

2009-A2257 - Summary

Establishes a person is guilty of criminal trespass in the second degree when he or she, being required to maintain registration as a sex offender, enters or remains in a school knowing that the victim of his or her offense attends or formerly attended such school.

2009-A2257 - Bill Text download pdf 

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

                                  2257

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. STIRPE, ALFANO, KOON, GUNTHER, JOHN, BENEDETTO,
  COLTON, FIELDS -- Multi-Sponsored  by  --  M.  of  A.  ABBATE,  BARRA,
  BOYLAND,  CHRISTENSEN, DelMONTE, DESTITO, GALEF, GORDON, HYER-SPENCER,
  MAYERSOHN, PHEFFER, WEISENBERG  --  read  once  and  referred  to  the
  Committee on Codes

AN  ACT  to  amend  the  penal law, in relation to 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. Section 140.15 of the penal law, as amended by chapter 341
of the laws of 1969, is amended to read as follows:
S 140.15 Criminal trespass in the second degree.
  A person is guilty of criminal trespass in the second degree when:
  1. he OR SHE knowingly enters or remains unlawfully in a dwelling; OR
  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-1  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  OR  A LAWFUL STUDENT PARTICIPANT IN A SCHOOL SPONSORED EVENT, OR
ENTERS SUCH SCHOOL BUILDING  FOR  LIMITED  PURPOSES  AUTHORIZED  BY  THE
SUPERINTENDENT OR CHIEF ADMINISTRATOR OF SUCH SCHOOL.
  Criminal trespass in the second degree is a class A misdemeanor.
  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.
                                                           LBD05042-01-9

2009-A2257A - Details

Law Section:
Penal Law
Laws Affected:
Amd §140.15, Pen L

2009-A2257A - Summary

Establishes a person is guilty of criminal trespass in the second degree when he or she, being required to maintain registration as a sex offender, enters or remains in a school knowing that the victim of his or her offense attends or formerly attended such school.

2009-A2257A - Sponsor Memo

2009-A2257A - Bill Text download pdf 

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

                                 2257--A
                                                        Cal. No. 187

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. STIRPE, ALFANO, KOON, GUNTHER, JOHN, BENEDETTO,
  COLTON, FIELDS -- Multi-Sponsored  by  --  M.  of  A.  ABBATE,  BARRA,
  BOYLAND,  CHRISTENSEN, DelMONTE, DESTITO, GALEF, GORDON, HYER-SPENCER,
  MAYERSOHN, PHEFFER, WEISENBERG  --  read  once  and  referred  to  the
  Committee  on  Codes  --  reported from committee, advanced to a third
  reading, amended and ordered reprinted, retaining  its  place  on  the
  order of third reading

AN  ACT  to  amend  the  penal law, in relation to 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. Section 140.15 of the penal law, as amended by chapter 341
of the laws of 1969, is amended to read as follows:
S 140.15 Criminal trespass in the second degree.
  A person is guilty of criminal trespass in the second degree when:
  1. he OR SHE knowingly enters or remains unlawfully in a dwelling; OR
  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 PULLING PLACE AND HE OR SHE ENTERS SUCH SCHOOL
BUILDING FOR THE LIMITED PURPOSE OF VOTING; OR IF THE PERSON ENTERS SUCH

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

co-Sponsors

multi-Sponsors

2009-A2257B (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §140.15, Pen L

2009-A2257B (ACTIVE) - Summary

Establishes a person is guilty of criminal trespass in the second degree when he or she, being required to maintain registration as a sex offender, enters or remains in a school knowing that the victim of his or her offense attends or formerly attended such school.

2009-A2257B (ACTIVE) - Sponsor Memo

2009-A2257B (ACTIVE) - Bill Text download pdf 

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

                                 2257--B
                                                        Cal. No. 187

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. STIRPE, ALFANO, KOON, GUNTHER, JOHN, BENEDETTO,
  COLTON, FIELDS -- Multi-Sponsored  by  --  M.  of  A.  ABBATE,  BARRA,
  BOYLAND,  CHRISTENSEN, DelMONTE, DESTITO, GALEF, GORDON, HYER-SPENCER,
  MAYERSOHN, PHEFFER, WEISENBERG  --  read  once  and  referred  to  the
  Committee  on  Codes  --  reported from committee, advanced to a third
  reading, amended and ordered reprinted, retaining  its  place  on  the
  order  of  third  reading  --  passed by Assembly and delivered to the
  Senate, recalled from the Senate,  vote  reconsidered,  bill  amended,
  ordered reprinted, retaining its place on the order of third reading

AN  ACT  to  amend  the  penal law, in relation to 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. Section 140.15 of the penal law, as amended by chapter 341
of the laws of 1969, is amended to read as follows:
S 140.15 Criminal trespass in the second degree.
  A person is guilty of criminal trespass in the second degree when:
  1. he OR SHE knowingly enters or remains unlawfully in a dwelling; OR
  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

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

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