S T A T E   O F   N E W   Y O R K
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                                 6792--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 2, 2015
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to expanding  the  definition
  of the offense of criminal trespass in the second degree

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

  Section 1.  This act shall be known and may be cited as the  "critical
infrastructure safety act".
  S 2. Section 140.15 of the penal law, as amended by chapter 315 of the
laws of 2010, is amended to read as follows:
S 140.15 Criminal trespass in the second degree.
  1. A person is guilty of criminal trespass in the second degree when:
  [1.]  A.  he or she knowingly enters or remains unlawfully in a dwell-
ing; [or]
  [2.] B. being a person required to maintain registration under article
six-C of the correction law and designated a level two  or  level  three
offender   pursuant   to   subdivision   six   of  section  one  hundred
sixty-eight-l of the correction law, he or she enters or  remains  in  a
public  or  private  elementary,  parochial,  intermediate, junior high,
vocational or high school knowing that the victim  of  the  offense  for
which  such  registration  is required attends or formerly attended such
school. It shall not be an offense subject  to  prosecution  under  this
subdivision  if:  the  person  is  a lawfully registered student at such
school; the person is a lawful student participant in a school sponsored
event; the person is a parent or a legal guardian of a  lawfully  regis-
tered  student  at  such school and enters the school for the purpose of
attending their child's or dependent's event or activity; such school is
the person's designated polling place and he or she enters  such  school
building for the limited purpose of voting; or if the person enters such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05517-04-6
              

A. 6792--A                          2

school  building  for the limited purposes authorized by the superinten-
dent or chief administrator of such school[.]; OR
  C. HE OR SHE KNOWINGLY CLIMBS UPON ANY RAILING, CABLE, SUSPENDER ROPE,
TOWER,  OR  SUPERSTRUCTURE OF ANY BRIDGE, OR OTHERWISE TRESPASSES ON ANY
PORTION OF A BRIDGE, TUNNEL, OR ANY OTHER CRITICAL  INFRASTRUCTURE  THAT
IS NOT INTENDED FOR PUBLIC USE.
  2. AS USED IN THIS SECTION:
  A.  "CRITICAL  INFRASTRUCTURE"  SHALL  MEAN SYSTEMS, ASSETS, PLACES OR
THINGS SO VITAL TO THE STATE  THAT  THE  DISRUPTION,  INCAPACITATION  OR
DESTRUCTION  OF  SUCH SYSTEMS, ASSETS, PLACES OR THINGS COULD JEOPARDIZE
THE HEALTH, SAFETY, WELFARE OR SECURITY OF THE STATE, ITS  RESIDENTS  OR
ITS ECONOMY; AND
  B. "NOT INTENDED FOR PUBLIC USE" SHALL MEAN ANY AREA ON OR SURROUNDING
CRITICAL  INFRASTRUCTURE THAT IS EITHER CLEARLY MARKED AS SUCH OR THAT A
REASONABLE PERSON WOULD DETERMINE IS NOT FOR PUBLIC USE.
  Criminal trespass in the second degree is a class A misdemeanor.
  S 3. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.