S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2495
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2019
                                ___________
 
 Introduced  by  M.  of A. CROUCH, MORINELLO -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the penal law and the education law, in relation to  the
   use  of electronic dart guns or electronic stun guns on school grounds
   and school buses by school safety agents

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision a of section 265.20 of the penal law is amended
 by adding a new paragraph 17 to read as follows:
   17. POSSESSION OR USE OF AN ELECTRONIC DART GUN OR ELECTRONIC STUN GUN
 AS  DEFINED IN SUBDIVISIONS FIFTEEN-A AND FIFTEEN-C OF SECTION 265.00 OF
 THIS ARTICLE BY SCHOOL SAFETY AGENTS ON SCHOOL GROUNDS OR  SCHOOL  BUSES
 AS  AUTHORIZED UNDER SECTION TWENTY-EIGHT HUNDRED ONE-C OF THE EDUCATION
 LAW.
   § 2. The education law is amended by adding a new  section  2801-c  to
 read as follows:
   §  2801-C.  USE  OF  ELECTRONIC  DART  GUNS OR ELECTRONIC STUN GUNS ON
 SCHOOL GROUNDS OR SCHOOL BUSES BY SCHOOL SAFETY AGENTS. 1. A. THE  BOARD
 OF EDUCATION, BOARD OF TRUSTEES, OR SOLE TRUSTEE OF ANY SCHOOL OR SCHOOL
 DISTRICT, WHETHER PUBLIC, PRIVATE, OR CHARTER, MAY AUTHORIZE THE PRINCI-
 PAL  OR  THE  PRINCIPAL'S  OR  SUPERINTENDENT'S DESIGNEE OR DESIGNEES TO
 POSSESS AN ELECTRONIC DART GUN OR ELECTRONIC  STUN  GUN  ON  THE  SCHOOL
 GROUNDS  OF  EACH SCHOOL WITHIN THE SCHOOL DISTRICT OR ON ANY SCHOOL BUS
 BEING USED BY THE SCHOOL DISTRICT. SUCH INDIVIDUAL SHALL BE DESIGNATED A
 SCHOOL SAFETY AGENT.
   B. AN INDIVIDUAL SHALL BE DESIGNATED A SCHOOL SAFETY AGENT ONLY IF (I)
 HE OR SHE IS NOT PROHIBITED BY STATE OR FEDERAL LAW  FROM  POSSESSING  A
 FIREARM, RIFLE OR SHOTGUN; AND (II) HE OR SHE HAS SUCCESSFULLY COMPLETED
 A  COURSE  OF  TRAINING  APPROVED BY THE COMMISSIONER OF THE DIVISION OF
 CRIMINAL JUSTICE SERVICES IN THE USE OF DEADLY PHYSICAL  FORCE  AND  THE
 USE OF ELECTRONIC DART GUNS OR ELECTRONIC STUN GUNS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02980-01-9

 A. 2495                             2
 
   C.  THE  BOARD OF EDUCATION, BOARD OF TRUSTEES, OR SOLE TRUSTEE OF ANY
 SCHOOL OR SCHOOL DISTRICT, IN CONSULTATION WITH THE COMMISSIONER OF  THE
 DIVISION  OF  CRIMINAL  JUSTICE  SERVICES,  SHALL ADOPT A WRITTEN POLICY
 SPECIFYING THE MANNER IN WHICH THE ELECTRONIC DART  GUNS  OR  ELECTRONIC
 STUN  GUNS  SHALL  BE POSSESSED AND THE CIRCUMSTANCES UNDER WHICH A DART
 GUN OR STUN GUN MAY BE USED.
   D. EVERY SCHOOL OR SCHOOL DISTRICT SHALL REPORT TO THE COMMISSIONER OF
 THE DIVISION OF CRIMINAL JUSTICE  SERVICES,  THE  NAMES  OF  ALL  SCHOOL
 EMPLOYEES  WHO  HAVE  SATISFACTORILY COMPLETED THE TRAINING REQUIREMENTS
 AND THE NAMES OF ALL PERSONS DESIGNATED AS SCHOOL SAFETY  AGENTS.  EVERY
 SCHOOL  OR SCHOOL DISTRICT SHALL REPORT TO THE COMMISSIONER OF THE DIVI-
 SION OF CRIMINAL JUSTICE SERVICES, THE NAMES  OF  ALL  SCHOOL  EMPLOYEES
 THAT ARE NO LONGER DESIGNATED AS A SCHOOL SAFETY AGENT AND THE DATE WHEN
 SUCH DESIGNATION WAS REMOVED.
   E.  NO  PERSON SERVING AS A SCHOOL SAFETY AGENT SHALL BE LIABLE TO ANY
 PERSON WHILE SERVING IN SUCH CAPACITY BASED ON HIS OR HER CONDUCT IN THE
 EXECUTION OF SUCH POSITION UNLESS THE  CONDUCT  OF  SUCH  SCHOOL  SAFETY
 AGENT  WITH  RESPECT TO THE PERSON ASSERTING LIABILITY CONSTITUTED GROSS
 NEGLIGENCE OR WAS INTENDED TO MALICIOUSLY CAUSE THE  RESULTING  HARM  TO
 THE PERSON ASSERTING LIABILITY.
   2. FOR THE PURPOSES OF THIS SECTION:
   A.  THE  TERM  "SCHOOL  SAFETY  AGENT" SHALL MEAN THE PRINCIPAL OR THE
 PRINCIPAL'S OR SUPERINTENDENT'S  DESIGNEE  OR  DESIGNEES  AUTHORIZED  TO
 POSSESS  AN ELECTRONIC DART GUN OR ELECTRONIC STUN GUN ON SCHOOL GROUNDS
 OR ON A SCHOOL BUS PURSUANT TO THIS SECTION.
   B. THE TERM "ELECTRONIC DART GUN" SHALL HAVE THE SAME MEANING  AS  SET
 FORTH IN SUBDIVISION FIFTEEN-A OF SECTION 265.00 OF THE PENAL LAW.
   C.  THE  TERM "ELECTRONIC STUN GUN" SHALL HAVE THE SAME MEANING AS SET
 FORTH IN SUBDIVISION FIFTEEN-C OF SECTION 265.00 OF THE PENAL LAW.
   D. THE TERM "SCHOOL GROUNDS" SHALL MEAN IN, ON OR WITHIN ANY BUILDING,
 STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN
 THE  REAL PROPERTY BOUNDARY LINE OF ANY ELEMENTARY, INTERMEDIATE, JUNIOR
 HIGH, VOCATIONAL, OR HIGH SCHOOL, WHETHER PUBLIC, PRIVATE, OR CHARTER.
   E. THE TERM "SCHOOL BUS" SHALL HAVE THE SAME MEANING AS SET  FORTH  IN
 SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW.
   § 3. This act shall take effect immediately.