Assembly Bill A8050

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8050
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to classifying possession  of
   a  firearm  on  school or municipal park property grounds as a class B
   felony
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 265.04 of the penal law, as amended by chapter 764
 of the laws of 2005, is amended to read as follows:
 § 265.04 Criminal possession of a weapon in the first degree.
   A person is guilty of criminal possession of a  weapon  in  the  first
 degree when such person:
   (1)  possesses  any  explosive  substance  with intent to use the same
 unlawfully against the person or property of another; [or]
   (2) possesses ten or more firearms; OR
   (3) POSSESSES ANY FIREARM ON MUNICIPAL PARK PROPERTY.
   Criminal possession of a weapon in the first degree is a class B felo-
 ny.
   § 2. Section 265.01-a of the penal law, as separately amended by chap-
 ters 138 and 354 of the laws of 2019, 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 SCHOOL GROUNDS, OR a building or grounds,
 used for educational purposes, of any school,  college,  or  university,
 except  the  forestry lands, wherever located, owned, maintained or held
 in trust for the benefit of the New York State College  of  Forestry  at
 Syracuse  University,  now  known  as  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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13214-01-3
              

 A. 8050                             2
 
 provided, however no school, as defined in subdivision  ten  of  section
 eleven  hundred twenty-five of the education law, shall issue such writ-
 ten authorization to any teacher, school administrator, or other  person
 employed  at  the  school  who  is  not  primarily  employed as a school
 resource officer, police officer, peace officer, or security  guard  who
 has  been  issued  a special armed guard registration card as defined in
 section eighty-nine-f of the general business 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]  B
 felony.
   § 3. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 36 to read as follows:
   36. "SCHOOL GROUNDS" MEANS (A) IN OR ON OR WITHIN ANY BUILDING, STRUC-
 TURE,  ATHLETIC  PLAYING FIELD, PLAYGROUND, OR LAND CONTAINED WITHIN THE
 REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY,  PAROCHI-
 AL,  INTERMEDIATE,  JUNIOR  HIGH, VOCATIONAL, OR HIGH SCHOOL; OR (B) ANY
 AREA ACCESSIBLE TO THE PUBLIC WITHIN THREE THOUSAND  FEET  OF  THE  REAL
 PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL.
   § 4. This act shall take effect immediately.