Assembly Bill A10626

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10626
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to criminal possession  of  a
   weapon in a sensitive place
 
   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  265.01-d
 to read as follows:
 § 265.01-D CRIMINAL POSSESSION OF A WEAPON IN A SENSITIVE PLACE.
   A  PERSON  IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON IN A SENSITIVE
 PLACE WHEN HE OR SHE KNOWINGLY HAS IN HIS OR  HER  POSSESSION  A  RIFLE,
 SHOTGUN, OR FIREARM IN OR UPON:
   1.  ANY  PLACE WHICH IS LICENSED BY THE STATE LIQUOR AUTHORITY TO SELL
 ALCOHOL FOR ON-PREMISES CONSUMPTION;
   2. ANY PUBLIC TRANSPORTATION  AND  PUBLIC  TRANSPORTATION  FACILITIES,
 INCLUDING  BUSES,  SUBWAYS, TRAINS, TERMINALS, STATIONS, OR PLACES WHERE
 ONE CAN BOARD OR OBTAIN SUCH TRANSPORTATION;
   3. A TAXICAB AS DEFINED IN SECTION ONE HUNDRED  FORTY-EIGHT-A  OF  THE
 VEHICLE  AND TRAFFIC LAW, LIVERY AS DEFINED IN SECTION ONE HUNDRED TWEN-
 TY-ONE-E OF THE VEHICLE  AND  TRAFFIC  LAW,  OR  TRANSPORTATION  NETWORK
 COMPANY  VEHICLE AS DEFINED IN SECTION SIXTEEN HUNDRED NINETY-ONE OF THE
 VEHICLE AND TRAFFIC LAW;
   4. POLLING PLACES WHILE AN ELECTION IS BEING CONDUCTED, INCLUDING  ANY
 PERIODS OF EARLY VOTING;
   5.  A CHILD DAY CARE AS DEFINED IN SECTION THREE HUNDRED NINETY OF THE
 SOCIAL SERVICES LAW AND ANY PROGRAM IN A FACILITY, OTHER  THAN  A  RESI-
 DENCE,  IN  WHICH CARE IS PROVIDED TO CHILDREN ON A REGULAR BASIS AND IS
 NOT REQUIRED TO BE LICENSED BY OR REGISTERED WITH THE OFFICE OF CHILDREN
 AND FAMILY SERVICES OR LICENSED BY THE CITY OF NEW YORK,  INCLUDING  BUT
 NOT  LIMITED  TO  NURSERY SCHOOLS, PRESCHOOL PROGRAMS, OR OTHER PROGRAMS
 WHICH PROVIDE SERVICES FOR THREE OR LESS HOURS PER DAY;
   6. A HOSPITAL AS DEFINED IN SUBDIVISION ONE  OF  SECTION  TWENTY-EIGHT
 HUNDRED  ONE  OF  THE  PUBLIC  HEALTH  LAW, A NURSING HOME AS DEFINED IN
 SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16073-01-2
 A. 10626                            2
 
 LAW, OR AN ASSISTED LIVING RESIDENCE AS DEFINED IN  SUBDIVISION  ONE  OF
 SECTION FORTY-SIX HUNDRED FIFTY-ONE OF THE PUBLIC HEALTH LAW;
   7.  ANY  FACILITY OF THE DEPARTMENT OF MENTAL HYGIENE, OR ANY RESIDEN-
 TIAL FACILITY WHICH HAS AN OPERATING CERTIFICATE ISSUED BY  THE  DEPART-
 MENT;
   8. ANY PUBLIC GATHERING HELD PURSUANT TO A LICENSE OR PERMIT ISSUED BY
 ANY  GOVERNMENTAL  BODY OR ANY PUBLIC GATHERING AT WHICH AN ADMISSION IS
 CHARGED, EXCLUDING A PLACE WHERE A  SHOWING,  DEMONSTRATION  OR  LECTURE
 INVOLVING THE EXHIBITION OF UNLOADED FIREARMS IS CONDUCTED;
   9. ANY BUILDING OWNED OR LEASED BY THE STATE;
   10.  A  GAMING  FACILITY  AS  DEFINED  IN  SUBDIVISION TWENTY-THREE OF
 SECTION THIRTEEN HUNDRED ONE OF THE  RACING,  PARI-MUTUEL  WAGERING  AND
 BREEDING LAW;
   11. ANY PLACE OF WORSHIP;
   12.  A  COMMERCIAL SERVICE AIRPORT, WHICH FOR PURPOSES OF THIS SECTION
 SHALL MEAN A PUBLIC AIRPORT OR A PUBLIC-USE AIRPORT IN THE  STATE  THAT,
 AS  DETERMINED  BY THE UNITED STATES SECRETARY OF TRANSPORTATION, HAS AT
 LEAST TWENTY-FIVE HUNDRED PASSENGER BOARDINGS EACH YEAR AND IS RECEIVING
 SCHEDULED PASSENGER AIRCRAFT SERVICE;
   13. ANY PLACE WHICH IS LICENSED FOR ADULT-USE ON-SITE  CONSUMPTION  OF
 CANNABIS PURSUANT TO SECTION SEVENTY-SEVEN OF THE CANNABIS LAW; OR
   14.  A PUBLIC LIBRARY OR ASSOCIATION LIBRARY AS DEFINED IN SUBDIVISION
 TWO OF SECTION TWO HUNDRED FIFTY-THREE OF THE EDUCATION LAW.
   CRIMINAL POSSESSION OF A WEAPON IN A SENSITIVE  PLACE  IS  A  CLASS  E
 FELONY.
   § 2. This act shall take effect immediately.