Assembly Bill A5171

2009-2010 Legislative Session

Raises the level of certain criminal possession and criminal sale of weapons crimes if they are committed on school grounds

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Archive: Last Bill Status - In Assembly Committee

  • 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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2009-A5171 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00. 265.02, 265.03, 265.04 & 265.12, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1140
2013-2014: A4719
2015-2016: A2708
2017-2018: A4380
2019-2020: A6927

2009-A5171 (ACTIVE) - Summary

Raises the level of certain criminal possession and criminal sale of weapons crimes if they are committed on school grounds; defines "school grounds" as in or 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 any area accessible to the public located within one thousand feet of the real property boundary line comprising any such school or any parked automobile or other parked vehicle located within one thousand feet of the real property boundary line comprising any such school; defines "area accessible to the public".

2009-A5171 (ACTIVE) - Bill Text download pdf 

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

                                  5171

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 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 the commission of certain
  weapons offenses on school grounds

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 265.00 of the penal law is amended by adding a new
subdivision 24 to read as follows:
  24. "SCHOOL GROUNDS" MEANS (A) ANY AREA 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, PARO-
CHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY
AREA  ACCESSIBLE  TO  THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE
REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH  SCHOOL  OR  ANY  PARKED
AUTOMOBILE  OR  OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF
THE REAL PROPERTY BOUNDARY LINE COMPRISING  ANY  SUCH  SCHOOL.  FOR  THE
PURPOSES  OF  THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN
SIDEWALKS, STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAU-
RANTS.
  S 2. Section 265.02 of the penal law is amended by adding a new subdi-
vision 9 to read as follows:
  (9) HE OR SHE COMMITS THE CRIME OF CRIMINAL POSSESSION OF A WEAPON  IN
THE  FOURTH DEGREE AS DEFINED IN SECTION 265.01 OF THIS ARTICLE AND SUCH
CRIME TAKES PLACE UPON SCHOOL GROUNDS.
  S 3. Section 265.03 of the penal law, as amended by chapter 742 of the
laws of 2006, subdivisions 1 and 3 as amended by chapter 745 of the laws
of 2006, is amended to read as follows:
S 265.03 Criminal possession of a weapon in the second degree.
  A person is guilty of criminal possession of a weapon  in  the  second
degree when:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07360-01-9

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