NY State Senate Bill S2403

Archive: Last Bill Status - In Senate Committee Rules Committee

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
Jun 20, 2018	committed to rules
Apr 23, 2018	advanced to third reading
Apr 18, 2018	2nd report cal.
Apr 17, 2018	1st report cal.821
Jan 03, 2018	referred to codes returned to senate died in assembly
Jun 20, 2017	referred to codes delivered to assembly passed senate
Jun 05, 2017	ordered to third reading cal.1418 committee discharged and committed to rules
Jan 13, 2017	referred to codes

Votes

view votes

Apr 17, 2018 - Codes committee Vote

S2403

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 20, 2017 - floor Vote

S2403

floor

Aye

Nay

Absent

Excused

Abstained

Jun 5, 2017 - Rules committee Vote

S2403

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S2403 (ACTIVE) - Details

See Assembly Version of this Bill:: A4178
Current Committee:: Senate Rules
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
2015-2016: S2138, S6512, A5659
2019-2020: S5189
2021-2022: S696
2023-2024: S6957

S2403 (ACTIVE) - Summary

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

S2403 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S2403

 TITLE OF BILL :  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

 TITLE OF BILL :

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

 PURPOSE :

To establish the crimes of criminal trespass on a school bus; on
school grounds or children's camp.

 SUMMARY OF PROVISIONS :

Section 1: Amends the Penal Law by adding a new section 140.09 to
establish the crime of criminal trespass on school grounds or
children's camp (class C felony).

Section 2: Amends the Penal Law by adding a new section 140.18
establishing the crime of criminal trespass on a school bus in the

second degree (class A misdemeanor).

Section 3: Amends the Penal Law by adding a new section 140.19
establishing the crime of criminal trespass on a school bus in the
first degree (class C felony).

 JUSTIFICATION :

In the wake of recent tragedies, there is a need to employ stiffer
criminal penalties for trespassing on school grounds and school buses.
This bill provides an added measure of safety and security to
students, teachers and school employees as well as to school bus
drivers and their passengers. By increasing criminal penalties, we
will be deterring such acts and sending a loud message that New York
State will not stand for violent acts against school property. A
similar bill has been introduced in the Alabama State Legislature.

 LEGISLATIVE HISTORY :

2016: S.6512 Passed Senate

2015: S.2138-A Passed Senate

2013-14: S.5122 Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

S2403 (ACTIVE) - Bill Text download pdf


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

                                  2403

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 13, 2017
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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:
§ 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.
  §  2.  The penal law is amended by adding a new section 140.18 to read
as follows:
§ 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.
                                                           LBD05344-01-7

S. 2403                             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 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.
  § 3. The penal law is amended by adding a new section 140.19  to  read
as follows:
§ 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.
  § 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 S2403

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

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Votes

Apr 17, 2018 - Codes committee Vote

Codes Committee Vote: Apr 17, 2018

Jun 20, 2017 - floor Vote

Floor Vote: Jun 20, 2017

Jun 5, 2017 - Rules committee Vote

Rules Committee Vote: Jun 5, 2017

Co-Sponsors

S2403 (ACTIVE) - Details

S2403 (ACTIVE) - Summary

S2403 (ACTIVE) - Sponsor Memo

S2403 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2403

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Sponsored By

Carl L Marcellino

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

Apr 17, 2018 - Codes committee Vote

Codes Committee Vote: Apr 17, 2018

Jun 20, 2017 - floor Vote

Floor Vote: Jun 20, 2017

Jun 5, 2017 - Rules committee Vote

Rules Committee Vote: Jun 5, 2017

Co-Sponsors

Tony Avella

Kathleen A. Marchione

Patty Ritchie

S2403 (ACTIVE) - Details

S2403 (ACTIVE) - Summary

S2403 (ACTIVE) - Sponsor Memo

S2403 (ACTIVE) - Bill Text download pdf

Comments