|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Apr 25, 2011||referred to codes|
senate Bill S4777
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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
BILL NUMBER:S4777 TITLE OF BILL: 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 PURPOSE: Section 1 of this bill would repeal existing subdivision 3 of Penal Law ("PL") § 265.01, which penalizes possession of a weapon upon school grounds as part of a section that is punishable only as an A misdemeanor ("Criminal possession of a weapon in the fourth degree"). Section 2 of the bill would add a new PL §265.07, entitled "Criminal possession of a weapon upon school grounds," an E felony. In addition, bill sections 3 through 6 would make conforming amendments to sections of the Penal Law (§ 265.15(2), § 265.20(a) and (1), § 265.20(1) and § 265. 20(3)) that refer to various weapons related crimes. Finally, bill section 7 would make a conforming amendment to Criminal Procedure Law § 700.05(8)(b), the list of designated offenses contained in the definitions of terms used in Article 700 relating to eavesdropping and video surveillance warrants.
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 Subdivision 3 of section 265.01 of the penal law is REPEALED.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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