S T A T E O F N E W Y O R K
________________________________________________________________________
3127
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
Introduced by M. of A. PHEFFER AMATO, COOK -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to including certain activity
in transit and transportation facilities within the crime 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. Subdivision 2 of section 140.15 of the penal law, as
amended by chapter 315 of the laws of 2010, is amended and a new subdi-
vision 3 is added to read as follows:
2. 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
3. HE OR SHE KNOWINGLY ENTERS OR REMAINS UNLAWFULLY IN A TRANSIT
FACILITY AS DEFINED UNDER SECTION TWELVE HUNDRED OF THE PUBLIC AUTHORI-
TIES LAW OR A TRANSPORTATION FACILITY AS DEFINED UNDER SECTION TWELVE
HUNDRED SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW.
§ 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04352-01-3