NY State Senate Bill S5122

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2014	referred to codes delivered to assembly passed senate
May 28, 2014	advanced to third reading
May 21, 2014	2nd report cal.
May 20, 2014	1st report cal.905
Jan 08, 2014	referred to codes returned to senate died in assembly
Jun 13, 2013	referred to codes delivered to assembly passed senate
Jun 12, 2013	ordered to third reading cal.1356 committee discharged and committed to rules
May 10, 2013	referred to codes

Votes

view votes

Jun 12, 2014 - floor Vote

S5122

floor

Aye

Nay

Absent

Excused

Abstained

May 20, 2014 - Codes committee Vote

S5122

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 17, 2013 - Rules committee Vote

S5122

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 13, 2013 - floor Vote

S5122

floor

Aye

Nay

Absent

Excused

Abstained

Jun 12, 2013 - Rules committee Vote

S5122

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S5122 (ACTIVE) - Details

See Assembly Version of this Bill:: A6385
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §§140.09, 140.18 & 140.19, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2138, S6512, A5659
2017-2018: S2403, A4178
2019-2020: S5189
2021-2022: S696
2023-2024: S6957

S5122 (ACTIVE) - Summary

Establishes the crimes of criminal trespass on a school bus, school grounds or children's camp.

S5122 (ACTIVE) - Sponsor Memo

S5122 (ACTIVE) - Bill Text download pdf

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

                                  5122

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- 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 crimes of
  criminal trespass on school grounds or children's  camp  and  criminal
  trespass on a school bus in the first and second degrees

  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 a new section 140.09  to
read as follows:
S 140.09 CRIMINAL TRESPASS ON SCHOOL GROUNDS OR CHILDREN'S CAMP.
  A  PERSON  IS  GUILTY  OF CRIMINAL TRESPASS ON SCHOOL GROUNDS OR CHIL-
DREN'S CAMP WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL TRESPASS IN THE
FIRST DEGREE PURSUANT TO SECTION 140.17 OF THIS ARTICLE AND SUCH  BUILD-
ING  OR  GROUNDS  IS  UTILIZED AS AN ELEMENTARY OR SECONDARY SCHOOL OR A
CHILDREN'S OVERNIGHT CAMP OR A SUMMER DAY CAMP  AS  DEFINED  IN  SECTION
THIRTEEN  HUNDRED  NINETY-TWO  OF  THE PUBLIC HEALTH LAW IN VIOLATION OF
CONSPICUOUSLY POSTED RULES OR REGULATIONS GOVERNING ENTRY AND USE THERE-
OF.
  CRIMINAL TRESPASS ON SCHOOL GROUNDS OR CHILDREN'S CAMP IS  A  CLASS  C
FELONY.
  S  2.  The penal law is amended by adding a new section 140.18 to read
as follows:
S 140.18 CRIMINAL TRESPASS ON A SCHOOL BUS IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF CRIMINAL TRESPASS ON  A  SCHOOL  BUS  IN  THE
SECOND DEGREE WHEN HE OR SHE:
  (A)  WILLFULLY  DEMOLISHES,  DESTROYS,  DEFACES,  INJURES,  BURNS,  OR
DAMAGES ANY PUBLIC SCHOOL BUS.
  (B) ENTERS A PUBLIC SCHOOL BUS WHILE THE  DOOR  IS  OPEN  TO  LOAD  OR
UNLOAD  STUDENTS,  WHILE  AT  A  RAILROAD GRADE CROSSING, OR AFTER BEING
FORBIDDEN FROM DOING SO BY THE AUTHORIZED SCHOOL BUS DRIVER IN CHARGE OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08633-05-3

S. 5122                             2

THE BUS, OR UPON DEMAND OF A PRINCIPAL OF A SCHOOL TO WHICH THE  BUS  IS
ASSIGNED OR OTHER DULY AUTHORIZED SCHOOL SYSTEM OFFICIAL.
  (C) AS AN OCCUPANT OF A PUBLIC SCHOOL BUS, REFUSES TO LEAVE THE BUS ON
DEMAND OF THE AUTHORIZED SCHOOL BUS DRIVER IN CHARGE OF THE BUS, OR UPON
DEMAND  OF A PRINCIPAL OF A SCHOOL TO WHICH THE BUS IS ASSIGNED OR OTHER
DULY AUTHORIZED SCHOOL SYSTEM OFFICIAL.
  (D) WILLFULLY STOPS, IMPEDES, DELAYS, OR DETAINS ANY PUBLIC SCHOOL BUS
BEING OPERATED FOR PUBLIC SCHOOL PURPOSES.
  2. PARAGRAPHS (B), (C), AND (D) OF SUBDIVISION  ONE  OF  THIS  SECTION
SHALL  NOT  APPLY  TO A CHILD WHO IS LESS THAN TWELVE YEARS OF AGE OR TO
AUTHORIZED SCHOOL PERSONNEL WHO ARE BOARDING THE SCHOOL BUS AS  PART  OF
THEIR JOB ASSIGNMENT.
  CRIMINAL  TRESPASS  ON  A SCHOOL BUS IN THE SECOND DEGREE IS A CLASS A
MISDEMEANOR.
  S 3. The penal law is amended by adding a new section 140.19  to  read
as follows:
S 140.19 CRIMINAL TRESPASS ON A SCHOOL BUS IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF CRIMINAL TRESPASS ON A SCHOOL BUS IN THE FIRST
DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL TRESPASS ON A SCHOOL
BUS IN THE SECOND DEGREE PURSUANT TO SECTION 140.18 OF THIS ARTICLE  AND
WHEN, IN THE COURSE OF COMMITTING SUCH CRIME, HE OR SHE:
  1.   POSSESSES,  OR  KNOWS  THAT  ANOTHER  PARTICIPANT  IN  THE  CRIME
POSSESSES, AN EXPLOSIVE OR A DEADLY WEAPON; OR
  2. POSSESSES A FIREARM, RIFLE OR SHOTGUN, AS THOSE TERMS  ARE  DEFINED
IN SECTION 265.00 OF THIS PART, AND ALSO POSSESSES OR HAS READILY ACCES-
SIBLE A QUANTITY OF AMMUNITION WHICH IS CAPABLE OF BEING DISCHARGED FROM
SUCH FIREARM, RIFLE OR SHOTGUN; OR
  3.  KNOWS  THAT  ANOTHER PARTICIPANT IN THE CRIME POSSESSES A FIREARM,
RIFLE OR SHOTGUN UNDER CIRCUMSTANCES DESCRIBED  IN  SUBDIVISION  TWO  OF
THIS SECTION.
  CRIMINAL  TRESPASS  ON  A  SCHOOL BUS IN THE FIRST DEGREE IS A CLASS C
FELONY.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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The New York State Senate

senate Bill S5122

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 12, 2014 - floor Vote

Floor Vote: Jun 12, 2014

May 20, 2014 - Codes committee Vote

Codes Committee Vote: May 20, 2014

Jun 17, 2013 - Rules committee Vote

Rules Committee Vote: Jun 17, 2013

Jun 13, 2013 - floor Vote

Floor Vote: Jun 13, 2013

Jun 12, 2013 - Rules committee Vote

Rules Committee Vote: Jun 12, 2013

Co-Sponsors

S5122 (ACTIVE) - Details

S5122 (ACTIVE) - Summary

S5122 (ACTIVE) - Sponsor Memo

S5122 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5122

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Sponsored By

John J. Flanagan

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 12, 2014 - floor Vote

Floor Vote: Jun 12, 2014

May 20, 2014 - Codes committee Vote

Codes Committee Vote: May 20, 2014

Jun 17, 2013 - Rules committee Vote

Rules Committee Vote: Jun 17, 2013

Jun 13, 2013 - floor Vote

Floor Vote: Jun 13, 2013

Jun 12, 2013 - Rules committee Vote

Rules Committee Vote: Jun 12, 2013

Co-Sponsors

Tony Avella

Phil Boyle

John A. DeFrancisco

Andrew J. Lanza

Jack M. Martins

S5122 (ACTIVE) - Details

S5122 (ACTIVE) - Summary

S5122 (ACTIVE) - Sponsor Memo

S5122 (ACTIVE) - Bill Text download pdf

Comments