S T A T E O F N E W Y O R K
________________________________________________________________________
7874
I N S E N A T E
March 5, 2018
___________
Introduced by Sen. KAMINSKY -- 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 limiting educational
institutions ability to authorize the possession of a weapon on school
grounds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 265.01-a of the penal law, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
§ 265.01-a[.] Criminal possession of a weapon on school grounds.
A person is guilty of criminal possession of a weapon on school
grounds when he or she knowingly has in his or her possession a rifle,
shotgun, or firearm in or upon a building or grounds, used for educa-
tional purposes, of any school, college, or university, except the
forestry lands, wherever located, owned and maintained by the State
University of New York college of environmental science and forestry, or
upon a school bus as defined in section one hundred forty-two of the
vehicle and traffic law, without the written authorization of such
educational institution. NO EDUCATIONAL INSTITUTION SHALL ISSUE SUCH
WRITTEN AUTHORIZATION TO ANY TEACHER, PROFESSOR, ADMINISTRATOR, OR OTHER
PERSON WHO IS NOT PRIMARILY EMPLOYED AS A SCHOOL RESOURCE OFFICER, LAW
ENFORCEMENT OFFICER, OR SECURITY GUARD AS DEFINED IN SUBDIVISION SIX OF
SECTION EIGHTY-NINE-F OF THE GENERAL BUSINESS LAW, REGARDLESS OF THE
PERSON'S EMPLOYMENT DIRECTLY BY THE EDUCATIONAL INSTITUTION OR BY A
THIRD PARTY THAT PROVIDES SCHOOL RESOURCE OFFICERS OR LAW ENFORCEMENT OR
SECURITY SERVICES TO THE EDUCATIONAL INSTITUTION.
Criminal possession of a weapon on school grounds is a class E felony.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14931-02-8