S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5429
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by  Sen. MATTERA -- 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 establishing the crimes of
   criminal trespass on a school bus in the first and second degrees
 
   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 two new sections 140.18
 and 140.19 to read as follows:
 § 140.18 CRIMINAL TRESPASS ON A SCHOOL BUS IN THE SECOND DEGREE.
   1. A PERSON IS GUILTY OF CRIMINAL TRESPASS ON  A  SCHOOL  BUS  IN  THE
 SECOND DEGREE WHEN HE OR SHE:
   (A) WILLFULLY DEMOLISHES, DESTROYS, DEFACES, INJURES, BURNS OR DAMAGES
 ANY PUBLIC SCHOOL BUS.
   (B)  ENTERS A PUBLIC SCHOOL BUS WHILE THE DOOR IS OPEN WITHOUT PERMIS-
 SION OR INVITATION TO LOAD OR UNLOAD STUDENTS, WHILE AT A RAILROAD GRADE
 CROSSING, OR AFTER BEING FORBIDDEN  FROM  DOING  SO  BY  THE  AUTHORIZED
 SCHOOL BUS DRIVER IN CHARGE OF THE BUS, OR UPON DEMAND OF A PRINCIPAL OF
 A  SCHOOL  TO  WHICH THE BUS IS ASSIGNED OR OTHER DULY AUTHORIZED SCHOOL
 SYSTEM OFFICIAL.
   (C) AS AN OCCUPANT OF A PUBLIC SCHOOL BUS, REFUSES TO LEAVE THE BUS ON
 DEMAND OF THE AUTHORIZED SCHOOL BUS DRIVER IN CHARGE OF THE BUS, OR UPON
 DEMAND OF A PRINCIPAL OF A SCHOOL TO WHICH THE BUS IS ASSIGNED OR  OTHER
 DULY AUTHORIZED SCHOOL SYSTEM OFFICIAL.
   (D) WILLFULLY STOPS, IMPEDES, DELAYS, OR DETAINS ANY PUBLIC SCHOOL BUS
 BEING OPERATED FOR PUBLIC SCHOOL PURPOSES.
   2.  PARAGRAPHS  (B),  (C),  AND (D) OF SUBDIVISION ONE OF THIS SECTION
 SHALL NOT APPLY TO A CHILD WHO IS LESS THAN SIXTEEN YEARS OF AGE  OR  TO
 AUTHORIZED  SCHOOL  PERSONNEL WHO ARE BOARDING THE SCHOOL BUS AS PART OF
 THEIR JOB ASSIGNMENT.
   CRIMINAL TRESPASS ON A SCHOOL BUS IN THE SECOND DEGREE IS  A  CLASS  A
 MISDEMEANOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09113-01-3
              

 S. 5429                             2
 
 § 140.19 CRIMINAL TRESPASS ON A SCHOOL BUS IN THE FIRST DEGREE.
   A  PERSON  IS GUILTY OF CRIMINAL TRESPASS ON A SCHOOL BUS IN THE FIRST
 DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL TRESPASS ON A SCHOOL
 BUS IN THE SECOND DEGREE PURSUANT TO SECTION 140.18 OF THIS ARTICLE  AND
 WHEN, IN THE COURSE OF COMMITTING SUCH CRIME, HE OR SHE:
   1.   POSSESSES,  OR  KNOWS  THAT  ANOTHER  PARTICIPANT  IN  THE  CRIME
 POSSESSES, AN EXPLOSIVE OR A DEADLY WEAPON; OR
   2. POSSESSES A FIREARM, RIFLE OR SHOTGUN, AS THOSE TERMS  ARE  DEFINED
 IN SECTION 265.00 OF THIS PART, AND ALSO POSSESSES OR HAS READILY ACCES-
 SIBLE A QUANTITY OF AMMUNITION WHICH IS CAPABLE OF BEING DISCHARGED FROM
 SUCH FIREARM, RIFLE OR SHOTGUN; OR
   3.  KNOWS  THAT  ANOTHER PARTICIPANT IN THE CRIME POSSESSES A FIREARM,
 RIFLE OR SHOTGUN UNDER CIRCUMSTANCES DESCRIBED  IN  SUBDIVISION  TWO  OF
 THIS SECTION.
   CRIMINAL  TRESPASS  ON  A  SCHOOL BUS IN THE FIRST DEGREE IS A CLASS C
 FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.