Senate Bill S2138A

                            
                    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.