S T A T E O F N E W Y O R K
________________________________________________________________________
5014--A
2013-2014 Regular Sessions
I N A S S E M B L Y
February 14, 2013
___________
Introduced by M. of A. CROUCH -- read once and referred to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law and the education law, in relation to the
use of electronic dart guns or electronic stun guns on school grounds
and school buses by school safety agents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision a of section 265.20 of the penal law is amended
by adding a new paragraph 17 to read as follows:
17. POSSESSION OR USE OF AN ELECTRONIC DART GUN OR ELECTRONIC STUN GUN
AS DEFINED IN SUBDIVISIONS FIFTEEN-A AND FIFTEEN-C OF SECTION 265.00 OF
THIS ARTICLE BY SCHOOL SAFETY AGENTS ON SCHOOL GROUNDS OR SCHOOL BUSES
AS AUTHORIZED UNDER SECTION TWENTY-EIGHT HUNDRED ONE-C OF THE EDUCATION
LAW.
S 2. The education law is amended by adding a new section 2801-c to
read as follows:
S 2801-C. USE OF ELECTRONIC DART GUNS OR ELECTRONIC STUN GUNS ON
SCHOOL GROUNDS OR SCHOOL BUSES BY SCHOOL SAFETY AGENTS. 1. A. THE BOARD
OF EDUCATION, BOARD OF TRUSTEES, OR SOLE TRUSTEE OF ANY SCHOOL OR SCHOOL
DISTRICT, WHETHER PUBLIC, PRIVATE, OR CHARTER, MAY AUTHORIZE THE PRINCI-
PAL OR THE PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE OR DESIGNEES TO
POSSESS AN ELECTRONIC DART GUN OR ELECTRONIC STUN GUN ON THE SCHOOL
GROUNDS OF EACH SCHOOL WITHIN THE SCHOOL DISTRICT OR ON ANY SCHOOL BUS
BEING USED BY THE SCHOOL DISTRICT. SUCH INDIVIDUAL SHALL BE DESIGNATED A
SCHOOL SAFETY AGENT.
B. AN INDIVIDUAL SHALL BE DESIGNATED A SCHOOL SAFETY AGENT ONLY IF (I)
HE OR SHE IS NOT PROHIBITED BY STATE OR FEDERAL LAW FROM POSSESSING A
FIREARM, RIFLE OR SHOTGUN; AND (II) HE OR SHE HAS SUCCESSFULLY COMPLETED
A COURSE OF TRAINING APPROVED BY THE SUPERINTENDENT OF STATE POLICE IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08711-04-3
A. 5014--A 2
THE USE OF DEADLY PHYSICAL FORCE AND THE USE OF ELECTRONIC DART GUNS OR
ELECTRONIC STUN GUNS.
C. THE BOARD OF EDUCATION, BOARD OF TRUSTEES, OR SOLE TRUSTEE OF ANY
SCHOOL OR SCHOOL DISTRICT, IN CONSULTATION WITH THE SUPERINTENDENT OF
THE STATE POLICE, SHALL ADOPT A WRITTEN POLICY SPECIFYING THE MANNER IN
WHICH THE ELECTRONIC DART GUNS OR ELECTRONIC STUN GUNS SHALL BE
POSSESSED AND THE CIRCUMSTANCES UNDER WHICH A DART GUN OR STUN GUN MAY
BE USED.
D. EVERY SCHOOL OR SCHOOL DISTRICT SHALL REPORT TO THE SUPERINTENDENT
OF STATE POLICE, THE NAMES OF ALL SCHOOL EMPLOYEES WHO HAVE SATISFAC-
TORILY COMPLETED THE TRAINING REQUIREMENTS AND THE NAMES OF ALL PERSONS
DESIGNATED AS SCHOOL SAFETY AGENTS. EVERY SCHOOL OR SCHOOL DISTRICT
SHALL REPORT TO THE SUPERINTENDENT OF STATE POLICE, THE NAMES OF ALL
SCHOOL EMPLOYEES THAT ARE NO LONGER DESIGNATED AS A SCHOOL SAFETY AGENT
AND THE DATE WHEN SUCH DESIGNATION WAS REMOVED.
E. NO PERSON SERVING AS A SCHOOL SAFETY AGENT SHALL BE LIABLE TO ANY
PERSON WHILE SERVING IN SUCH CAPACITY BASED ON HIS OR HER CONDUCT IN THE
EXECUTION OF SUCH POSITION UNLESS THE CONDUCT OF SUCH SCHOOL SAFETY
AGENT WITH RESPECT TO THE PERSON ASSERTING LIABILITY CONSTITUTED GROSS
NEGLIGENCE OR WAS INTENDED TO MALICIOUSLY CAUSE THE RESULTING HARM TO
THE PERSON ASSERTING LIABILITY.
2. FOR THE PURPOSES OF THIS SECTION:
A. THE TERM "SCHOOL SAFETY AGENT" SHALL MEAN THE PRINCIPAL OR THE
PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE OR DESIGNEES AUTHORIZED TO
POSSESS AN ELECTRONIC DART GUN OR ELECTRONIC STUN GUN ON SCHOOL GROUNDS
OR ON A SCHOOL BUS PURSUANT TO THIS SECTION.
B. THE TERM "ELECTRONIC DART GUN" SHALL HAVE THE SAME MEANING AS SET
FORTH IN SUBDIVISION FIFTEEN-A OF SECTION 265.00 OF THE PENAL LAW.
C. THE TERM "ELECTRONIC STUN GUN" SHALL HAVE THE SAME MEANING AS SET
FORTH IN SUBDIVISION FIFTEEN-C OF SECTION 265.00 OF THE PENAL LAW.
D. THE TERM "SCHOOL GROUNDS" SHALL MEAN IN, ON OR WITHIN ANY BUILDING,
STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN
THE REAL PROPERTY BOUNDARY LINE OF ANY ELEMENTARY, INTERMEDIATE, JUNIOR
HIGH, VOCATIONAL, OR HIGH SCHOOL, WHETHER PUBLIC, PRIVATE, OR CHARTER.
E. THE TERM "SCHOOL BUS" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW.
S 3. This act shall take effect immediately.