S T A T E O F N E W Y O R K
________________________________________________________________________
2092
2019-2020 Regular Sessions
I N S E N A T E
January 22, 2019
___________
Introduced by Sen. JORDAN -- 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 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 140.18 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 WITHOUT PERMIS-
SION OR INVITATION 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08436-02-9
S. 2092 2
§ 2. 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.
§ 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.