S T A T E O F N E W Y O R K
________________________________________________________________________
2745
2019-2020 Regular Sessions
I N A S S E M B L Y
January 25, 2019
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Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Codes
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".
§ 2. Section 140.15 of the penal law, as amended by chapter 315 of the
laws of 2010, is amended to read as follows:
§ 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
school building for the limited purposes authorized by the superinten-
dent or chief administrator of such school[.]; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04644-01-9
A. 2745 2
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.
§ 3. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.