NY State Senate Bill 2009-S95

Senate Bill S95

2009-2010 Legislative Session

Requires all schools of secondary education to be equipped with metal detectors and requires that all persons who enter the school pass through such detector

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Archive: Last Bill Status - In Senate Committee Education 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Jan 07, 2009	referred to education

co-Sponsors

2009-S95 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §409-j, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S1692

2009-S95 (ACTIVE) - Summary

Requires all schools of secondary education to be equipped with metal detectors and requires that all persons who enter the school pass through such detector.

2009-S95 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S95

 TITLE OF BILL :
An act to amend the education law, in relation to requiring metal
detectors and their use in all schools of secondary education in the
state


 PURPOSE :
This legislation would require secondary schools in New York to
install and use metal detectors in order to increase staff and pupil
safety.

 SUMMARY OF PROVISIONS :
The education law is amended by adding a new Section 409-j.  This
section would mandate that all schools of secondary education be
equipped with metal detectors at all interior entrances.

Section 409-j(2) provides that all persons who enter the school
building must pass through the detectors. Any weapons found shall be
confiscated and the person in possession of such weapon shall be
detained and dealt with by the proper authorities in accordance with
the mandate of the law.

 EXISTING LAW :
Under current law it is not mandatory for schools to be equipped with

metal detectors in New York State.

 JUSTIFICATION :
In the past several years, there has been a rash of school-related
shootings in communities all around the country. These shootings have
resulted in numerous deaths, injuries and trauma for students and
staff alike. There were 36 victims at Columbine high school alone. In
March of this year, a 15-year old student allegedly opened fire at his
school killing one student and injuring fifteen others before being
subdued. This student's friends were reportedly so concerned about his
propensity for violence that they searched his back-pack before school
began. Unfortunately, he is alleged to have hidden the gun on his
person so his friends did not know it was there.  Had metal detectors
been employed at the school, this tragedy could have been averted.

New York is not immune from school violence. Thankfully there have
been no fatalities so far but the potential certainly exists. Indeed,
on April 5, 2001 an 8th grader in the Bronx was caught trying to
smuggle four bottles filled with gasoline into his school. The
gasoline was discovered after the aluminum foil that he used to wrap
the bottles in set off a metal detector. This potentially deadly
situation was resolved without harm thanks to the prudent use of a
metal detector.  This legislation should be enacted in order to help
ensure a safe learning environment in our classrooms statewide.

 LEGISLATIVE HISTORY :
S.2501 of 2007
02/06/08 REFERRED TO EDUCATION

 FISCAL IMPLICATIONS :
UNKNOWN AT PRESENT TIME

 LOCAL FISCAL IMPLICATIONS :
UNKNOWN AT PRESENT TIME

 EFFECTIVE DATE :
This act shall take effect on the first of September next succeeding
the date on which it shall have become law.

2009-S95 (ACTIVE) - Bill Text download pdf

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

                                   95

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to requiring metal detec-
  tors and their use in all schools of secondary education in the state

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

  Section  1. The education law is amended by adding a new section 409-j
to read as follows:
  S 409-J. METAL DETECTORS REQUIRED; SCHOOLS OF SECONDARY EDUCATION.  1.
EVERY  SCHOOL  OF SECONDARY EDUCATION SHALL BE EQUIPPED WITH ONE OR MORE
ELECTRONIC METAL DETECTORS FOR USE AT THE INTERIOR ENTRANCE OR ENTRANCES
TO THE SCHOOL BUILDING AND WHICH ARE CAPABLE OF DETECTING  THE  PRESENCE
OF METAL WEAPONS ON THOSE PERSONS WHO PASS THROUGH THE DETECTOR.
  2.  EVERY  PERSON  WHO ENTERS A SCHOOL OF SECONDARY EDUCATION SHALL BE
REQUIRED TO PASS THROUGH AN ELECTRONIC METAL  DETECTOR  LOCATED  IN  THE
INTERIOR  ENTRANCE  OF  THE  SCHOOL  BUILDING  BEFORE BEING PERMITTED TO
PROCEED ANY FURTHER INTO THE BUILDING. ANY WEAPON FOUND AS A  RESULT  OF
THE  USE  OF SUCH ELECTRONIC METAL DETECTOR SHALL BE CONFISCATED AND THE
PERSON IN POSSESSION OF SUCH WEAPON SHALL BE DETAINED AND DEALT WITH  BY
THE APPROPRIATE AUTHORITIES IN ACCORDANCE WITH THE MANDATE OF THE LAW.
  S  2.  This  act  shall  take  effect  on  the first of September 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.
                                                           LBD01993-01-9

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Senate Bill S95

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Sponsored By

John L. Sampson