S T A T E O F N E W Y O R K
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1579
2011-2012 Regular Sessions
I N A S S E M B L Y
January 10, 2011
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Introduced by M. of A. TEDISCO, BARCLAY, CROUCH, KOLB, RAIA -- Multi-
Sponsored by -- M. of A. CONTE, DUPREY, FINCH, HAWLEY, McKEVITT,
J. MILLER, OAKS, REILICH, SAYWARD, SPANO, THIELE -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the offense
of unlawfully residing or entering upon 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 two new sections 130.82
and 130.83 to read as follows:
S 130.82 UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE
SECOND DEGREE.
A PERSON IS GUILTY OF UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL
GROUNDS IN THE SECOND DEGREE WHEN, HAVING BEEN CONVICTED OF AN OFFENSE
DEFINED IN ARTICLE ONE HUNDRED THIRTY, TWO HUNDRED THIRTY-FIVE OR TWO
HUNDRED SIXTY-THREE OF THIS CHAPTER OR SECTION 255.25, 255.26 OR 255.27
OF THIS CHAPTER, AND THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF
EIGHTEEN AT THE TIME OF SUCH OFFENSE OR SUCH PERSON HAS BEEN DESIGNATED
A LEVEL THREE SEX OFFENDER PURSUANT TO SUBDIVISION SIX OF SECTION ONE
HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW, HE OR SHE KNOWINGLY RESIDES
WITHIN, OR ENTERS INTO OR UPON ANY SCHOOL GROUNDS, AS DEFINED IN SUBDI-
VISION FOURTEEN OF SECTION 220.00 OF THIS CHAPTER, DURING THE PERIOD OF
TIME HE OR SHE IS REQUIRED TO REGISTER AND VERIFY PURSUANT TO SECTION
ONE HUNDRED SIXTY-EIGHT-H OF THE CORRECTION LAW.
IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE CRIME OF UNLAWFULLY RESIDING
OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE THAT THE DEFENDANT
(1) IS A REGISTERED STUDENT OR AN EMPLOYEE OF A SCHOOL UPON SUCH SCHOOL
GROUNDS, OR HAS A FAMILY MEMBER ENROLLED IN A SCHOOL UPON SUCH SCHOOL
GROUNDS, AND (2) ENTERED UPON SUCH SCHOOL GROUNDS FOR THE LIMITED
PURPOSES AUTHORIZED BY THE SUPERINTENDENT OR CHIEF ADMINISTRATOR OF SUCH
SCHOOL.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02041-01-1
A. 1579 2
UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND
DEGREE IS A CLASS A MISDEMEANOR.
S 130.83 UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE
FIRST DEGREE.
A PERSON IS GUILTY OF UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL
GROUNDS IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF UNLAW-
FULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE, AS
DEFINED IN SECTION 130.82 OF THIS ARTICLE, AND HAS BEEN CONVICTED OF
UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE FIRST OR
SECOND DEGREE IN THE PREVIOUS FIVE YEARS.
UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE FIRST
DEGREE IS A CLASS E FELONY.
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.