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Assembly Bill A3677

2009-2010 Legislative Session

Makes loitering on school grounds a class B misdemeanor

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Archive: Last Bill Status - In Assembly Committee

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2009-A3677 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง240.38, Pen L

2009-A3677 (ACTIVE) - Summary

Establishes the offense of loitering in or near school grounds as a class B misdemeanor; defines school grounds and includes the area within 1000 feet of the property line of such school.

2009-A3677 (ACTIVE) - Bill Text download pdf 

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

                                  3677

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the  penal  law,  in relation to loitering 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 240.38 to
read as follows:
S 240.38 LOITERING IN OR NEAR SCHOOL GROUNDS.
  1. A PERSON IS GUILTY OF LOITERING IN OR NEAR SCHOOL GROUNDS  WHEN  HE
OR  SHE  LOITERS  OR  REMAINS IN OR ABOUT SCHOOL GROUNDS, NOT HAVING ANY
REASON OR RELATIONSHIP INVOLVING CUSTODY  OF  OR  RESPONSIBILITY  FOR  A
PUPIL  OR  STUDENT,  OR  ANY OTHER SPECIFIC, LEGITIMATE REASON FOR BEING
THERE, AND NOT HAVING WRITTEN PERMISSION FROM ANYONE AUTHORIZED TO GRANT
THE SAME.
  2. FOR THE PURPOSES OF THIS SECTION, "SCHOOL GROUNDS" MEANS IN, ON  OR
WITHIN  ANY  BUILDING,  STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR
LAND CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE  OF  A  PUBLIC  OR
PRIVATE ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR
HIGH  SCHOOL, OR A COLLEGE OR UNIVERSITY, OR WITHIN ONE THOUSAND FEET OF
THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL.
  LOITERING IN OR NEAR SCHOOL GROUNDS IS A CLASS B MISDEMEANOR.
  S 2.   This act shall take  effect  on  the  first  of  November  next
succeeding 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.
                                                           LBD05886-01-9

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