NY State Senate Bill S101A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 31, 2019	signed chap.138
Jul 30, 2019	delivered to governor
Jan 29, 2019	returned to senate passed assembly ordered to third reading rules cal.18 substituted for a1715a referred to codes delivered to assembly passed senate
Jan 28, 2019	ordered to third reading cal.81 reported and committed to rules
Jan 24, 2019	print number 101a
Jan 24, 2019	amend and recommit to codes
Jan 09, 2019	referred to codes

Votes

view votes

Jan 29, 2019 - floor Vote

S101A

floor

Aye

Nay

Absent

Excused

Abstained

Jan 29, 2019 - Codes committee Vote

S101A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 28, 2019 - Rules committee Vote

S101A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S101 - Details

See Assembly Version of this Bill:: A1715
Law Section:: Penal Law
Laws Affected:: Amd §265.01-a, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S7874

S101 - Summary

Limits an educational institution's ability to authorize the possession of a weapon on school grounds to certain officers or agents of a law enforcement agency.

S101 - Sponsor Memo

 
BILL NUMBER: S101

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the penal law, in relation to limiting
educational institutions ability to authorize the possession of a weapon
on school grounds

 
PURPOSE:

Requires that no educational institution shall issue written authori-
zation to carry a firearm to any person who is not primarily employed as
a school resource officer, law enforcement officer, or security guard.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 265.01-a of the penal law in regards to the
definition of criminal possession of a weapon on school grounds.  Under
current law, criminal possession is defined as possessing a rifle, shot-
gun, or firearm in or upon a building or grounds, used for educational
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 142 of the vehicle and traffic law, without
the written authorization of such educational institution. This act
would stipulate that 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 enforce-
ment officer, or security guard as defined in subsection 6 of section
89-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.

Section 2 is the effective date.

 
JUSTIFICATION:

In the wake of the deadly shooting at Stoneman Douglas High School, the
18th school shooting to occur in the U.S. in 2018, many have suggested
that teachers and other school employees should be trained and armed in
order to deter and prevent future shootings. If 10% to 20% of teachers
are armed, then 360,000 to 720,000 more guns would be present in
schools.

Focusing on arming teachers takes attention away from advancing real,
effective solutions, such as broadly supported gun control measures or
improved mental health treatment. Further, introducing guns into schools
create the potential for accidental shootings or other acts of violence.
Educators nationwide have decried the idea of carrying guns, as they
want to focus on educating children, which is their job. This measure
will ensure that only qualified and capable individuals - outside of the
classroom-- will legally carry guns on school grounds.

 
LEGISLATIVE HISTORY:

S.7874- 2018

 
EFFECTIVE DATE:
This act shall take effect immediately.

S101 - Bill Text download pdf


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

                                   101

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sens. KAMINSKY, BROOKS, HOYLMAN, MAYER -- 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.

                                                           LBD03454-01-9

Co-Sponsors

view additional co-sponsors

S101A (ACTIVE) - Details

See Assembly Version of this Bill:: A1715
Law Section:: Penal Law
Laws Affected:: Amd §265.01-a, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S7874

S101A (ACTIVE) - Summary

Limits an educational institution's ability to authorize the possession of a weapon on school grounds to certain officers or agents of a law enforcement agency.

S101A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S101A

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the penal law, in relation to limiting educational
institutions ability to authorize the possession of a weapon on school
grounds

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires that no educational institution shall issue written authori-
zation to carry a firearm to any person who is not primarily employed as
a school resource officer, law enforcement officer, or security guard.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 265.01-a of the penal law in regards to the
definition of criminal possession of a weapon on school grounds.  Under
current law, criminal possession is defined as possessing a rifle, shot-
gun, or firearm in or upon a building or grounds, used for educational

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 142 of the vehicle and traffic law, without
the written authorization of such educational institution. This act
would stipulate that no school shall issue such written authorization to
any teacher, professor, administrator, or other person who is not prima-
rily employed as a school resource officer, law enforcement officer, or
security guard who is permitted to carry a firearm pursuant to the
general business law, regardless of the person's employment directly by
the school or by a third party that provides school resource officers or
law enforcement or security services to the educational institution.

Section 2 is the effective date.

 
JUSTIFICATION:

In the wake of the deadly shooting at Stoneman Douglas High School, the
18th school shooting to occur in the U.S. in 2018, many have suggested
that teachers and other school employees should be trained and armed in
order to deter and prevent future shootings. If 10% to 20% of teachers
are armed, then 360,000 to 720,000 more guns would be present in
schools.

Focusing on arming teachers takes attention away from advancing real,
effective solutions, such as broadly supported gun control measures or
improved mental health treatment. Further, introducing guns into schools
create the potential for accidental shootings or other acts of violence.
Educators nationwide have decried the idea of carrying guns, as they
want to focus on educating children, which is their job. This measure
will ensure that only qualified and capable - individuals - outside of
the classroom-- will legally carry guns on school grounds.

 
PRIOR LEGISLATIVE HISTORY:

S.7874 - 2018

 
FISCAL IMPLICATIONS:
Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
chapter 363 of the laws of 2018, takes effect.

S101A (ACTIVE) - Bill Text download pdf


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

                                 101--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sens.  KAMINSKY,  ADDABBO,  BRESLIN,  BROOKS,  GAUGHRAN,
  GOUNARDES, HOYLMAN, KAVANAGH, KRUEGER, MAY, MAYER,  METZGER,  MONTGOM-
  ERY, RAMOS, SERRANO, STAVISKY, THOMAS -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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; PROVIDED, HOWEVER  NO  SCHOOL,  AS  DEFINED  IN
SUBDIVISION  TEN  OF SECTION ELEVEN HUNDRED TWENTY-FIVE OF THE EDUCATION
LAW, SHALL ISSUE SUCH  WRITTEN  AUTHORIZATION  TO  ANY  TEACHER,  SCHOOL
ADMINISTRATOR,  OR OTHER PERSON EMPLOYED AT THE SCHOOL WHO IS NOT PRIMA-
RILY EMPLOYED AS A SCHOOL RESOURCE OFFICER, POLICE OFFICER, PEACE  OFFI-
CER,  OR SECURITY GUARD WHO HAS BEEN ISSUED A SPECIAL ARMED GUARD REGIS-
TRATION CARD AS DEFINED IN SECTION EIGHTY-NINE-F OF THE GENERAL BUSINESS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD03454-06-9

S. 101--A                           2

LAW, REGARDLESS OF WHETHER THE  PERSON  IS  EMPLOYED  DIRECTLY  BY  SUCH
SCHOOL OR BY A THIRD PARTY.
  Criminal possession of a weapon on school grounds is a class E felony.
  §  2.  This  act  shall  take  effect on the same date and in the same
manner as chapter 363 of the laws of 2018, takes effect.

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The New York State Senate

senate Bill S101A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jan 29, 2019 - floor Vote

Floor Vote: Jan 29, 2019

Jan 29, 2019 - Codes committee Vote

Codes Committee Vote: Jan 29, 2019

Jan 28, 2019 - Rules committee Vote

Rules Committee Vote: Jan 28, 2019

Bill Amendments

Co-Sponsors

S101 - Details

S101 - Summary

S101 - Sponsor Memo

S101 - Bill Text download pdf

Co-Sponsors

S101A (ACTIVE) - Details

S101A (ACTIVE) - Summary

S101A (ACTIVE) - Sponsor Memo

S101A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S101A

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jan 29, 2019 - floor Vote

Floor Vote: Jan 29, 2019

Jan 29, 2019 - Codes committee Vote

Codes Committee Vote: Jan 29, 2019

Jan 28, 2019 - Rules committee Vote

Rules Committee Vote: Jan 28, 2019

Bill Amendments

Co-Sponsors

S101 - Details

S101 - Summary

S101 - Sponsor Memo

S101 - Bill Text download pdf

Co-Sponsors

S101A (ACTIVE) - Details

S101A (ACTIVE) - Summary

S101A (ACTIVE) - Sponsor Memo

S101A (ACTIVE) - Bill Text download pdf

Comments