senate Bill S1540

2011-2012 Legislative Session

Establishes the offense of unlawfully residing or entering upon school grounds

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 10, 2011 referred to codes

S1540 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add ยงยง130.82 & 130.83, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1478

S1540 - Summary

Establishes the class A misdemeanor of unlawfully residing or entering upon school grounds for the entry upon school grounds, of any sex offender required to register and verify pursuant to the sex offender registration act; grants an exception for persons attending or employed by the school upon such school grounds, or having a family member attending such school, if the defendant enters the school grounds for the limited purposes authorized by the administrator of the school; establishes the class E felony of unlawfully residing or entering upon school ground for the commission of such offense in the second degree after having had a conviction thereof in the previous 5 years.

S1540 - Sponsor Memo

S1540 - Bill Text download pdf

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

                                  1540

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed 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 SUBDIVISION TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A
OF THE CORRECTION LAW, HE OR SHE KNOWINGLY  RESIDES  WITHIN,  OR  ENTERS
INTO  OR  UPON ANY SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION 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.
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06196-01-1

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