senate Bill S4777

2011-2012 Legislative Session

Relates to possession of a weapon on school grounds or a school bus; repealer

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Apr 25, 2011 referred to codes

S4777 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Rpld §265.01 sub 3, add §265.07, amd §§265.15 & 265.20, Pen L; amd §700.05, CP L

S4777 - Summary

Relates to possession of a weapon on school grounds or a school bus; establishes such crime as a class e felony.

S4777 - Sponsor Memo

S4777 - Bill Text download pdf

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

                                  4777

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 25, 2011
                               ___________

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

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation  to criminal possession of a weapon upon school grounds or on
  a school bus; and to repeal subdivision 3 of  section  265.01  of  the
  penal law relating thereto

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

  Section 1. Subdivision 3  of  section  265.01  of  the  penal  law  is
REPEALED.
  S  2.  The penal law is amended by adding a new section 265.07 to read
as follows:
S 265.07 CRIMINAL POSSESSION OF A WEAPON UPON SCHOOL  GROUNDS  OR  ON  A
           SCHOOL BUS.
  A  PERSON  IS  GUILTY  OF  CRIMINAL POSSESSION OF A WEAPON UPON SCHOOL
GROUNDS OR SCHOOL BUS WHEN HE  OR  SHE  KNOWINGLY  HAS  IN  HIS  OR  HER
POSSESSION A RIFLE, SHOTGUN OR FIREARM IN OR UPON A BUILDING OR GROUNDS,
USED  FOR  EDUCATIONAL  PURPOSES,  OF ANY SCHOOL, COLLEGE OR UNIVERSITY,
EXCEPT THE FORESTRY LANDS, WHEREVER LOCATED, OWNED AND MAINTAINED BY THE
STATE UNIVERSITY OF NEW YORK COLLEGE OF ENVIRONMENTAL SCIENCE AND FORES-
TRY, OR UPON A SCHOOL BUS AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF
THE VEHICLE AND TRAFFIC LAW, WITHOUT THE WRITTEN AUTHORIZATION  OF  SUCH
EDUCATIONAL INSTITUTION.
  CRIMINAL POSSESSION OF A WEAPON UPON SCHOOL GROUNDS OR ON A SCHOOL BUS
IS A CLASS E FELONY.
  S  3.  Subdivision 2 of section 265.15 of the penal law, as amended by
chapter 1041 of the laws of 1974, is amended to read as follows:
  2. The presence in any  stolen  vehicle  of  any  weapon,  instrument,
appliance  or  substance  specified  in sections 265.01, 265.02, 265.03,
265.04  [and],  265.05  AND  265.07  is  presumptive  evidence  of   its

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10807-01-1

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