NY State Senate Bill S2138A

Archive: Last Bill Status - Stricken

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

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2016	recommit, enacting clause stricken
Jan 06, 2016	referred to codes returned to senate died in assembly
Jun 17, 2015	referred to codes delivered to assembly passed senate
Jun 08, 2015	advanced to third reading
Jun 03, 2015	2nd report cal.
Jun 02, 2015	1st report cal.1296
Apr 29, 2015	print number 2138a
Apr 29, 2015	amend and recommit to codes
Jan 21, 2015	referred to codes

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2138 - Details

See other versions of this Bill:: A5659; , S6512
Current Committee:
Law Section:: Penal Law
Laws Affected:: Add §§140.09, 140.18 & 140.19, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5122, A6385
2017-2018: S2403, A4178
2019-2020: S5189
2021-2022: S696
2023-2024: S6957

S2138 - Summary

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

S2138 - Sponsor Memo

S2138 - Bill Text download pdf

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

                                  2138

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

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.
                                                           LBD05341-01-5

S. 2138                             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.

Co-Sponsors

S2138A (ACTIVE) - Details

See other versions of this Bill:: A5659; , S6512
Current Committee:
Law Section:: Penal Law
Laws Affected:: Add §§140.09, 140.18 & 140.19, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5122, A6385
2017-2018: S2403, A4178
2019-2020: S5189
2021-2022: S696
2023-2024: S6957

S2138A (ACTIVE) - Summary

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

S2138A (ACTIVE) - Sponsor Memo

S2138A (ACTIVE) - Bill Text download pdf

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

                                 2138--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sens.  FLANAGAN,  AVELLA, BOYLE, DeFRANCISCO, MARCHIONE,
  MARTINS -- read twice and ordered printed,  and  when  printed  to  be
  committed  to  the  Committee  on  Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05341-03-5

S. 2138--A                          2

  (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
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 SIXTEEN 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 S2138A

Sponsored By

Archive: Last Bill Status - Stricken

Your Voice

Actions

Votes

Jun 17, 2015 - floor Vote

Floor Vote: Jun 17, 2015

Jun 2, 2015 - Codes committee Vote

Codes Committee Vote: Jun 2, 2015

Bill Amendments

Co-Sponsors

S2138 - Details

S2138 - Summary

S2138 - Sponsor Memo

S2138 - Bill Text download pdf

Co-Sponsors

S2138A (ACTIVE) - Details

S2138A (ACTIVE) - Summary

S2138A (ACTIVE) - Sponsor Memo

S2138A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2138A

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Sponsored By

Archive: Last Bill Status - Stricken

Your Voice

Actions

Votes

Jun 17, 2015 - floor Vote

Floor Vote: Jun 17, 2015

Jun 2, 2015 - Codes committee Vote

Codes Committee Vote: Jun 2, 2015

Bill Amendments

Co-Sponsors

S2138 - Details

S2138 - Summary

S2138 - Sponsor Memo

S2138 - Bill Text download pdf

Co-Sponsors

S2138A (ACTIVE) - Details

S2138A (ACTIVE) - Summary

S2138A (ACTIVE) - Sponsor Memo

S2138A (ACTIVE) - Bill Text download pdf

Comments