Bill Text: NY A01715 | 2019-2020 | General Assembly | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Passed) 2019-07-31 - SIGNED CHAP.138 [A01715 Detail]

Download: New_York-2019-A01715-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1715--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 16, 2019
                                       ___________
        Introduced by M. of A. GRIFFIN, D'URSO, HEASTIE, LENTOL, PEOPLES-STOKES,
          GOTTFRIED,  CRUZ,  FRONTUS,  JACOBSON,  PICHARDO, REYES, STECK -- read
          once and referred 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:
     1    Section 1. Section 265.01-a of the penal law, as added by chapter 1 of
     2  the laws of 2013, is amended to read as follows:
     3  § 265.01-a[.] Criminal possession of a weapon on school grounds.
     4    A person is guilty of  criminal  possession  of  a  weapon  on  school
     5  grounds  when  he or she knowingly has in his or her possession a rifle,
     6  shotgun, or firearm in or upon a building or grounds,  used  for  educa-
     7  tional  purposes,  of  any  school,  college,  or university, except the
     8  forestry lands, wherever located, owned  and  maintained  by  the  State
     9  University of New York college of environmental science and forestry, or
    10  upon  a  school  bus  as defined in section one hundred forty-two of the
    11  vehicle and traffic law,  without  the  written  authorization  of  such
    12  educational  institution;  provided,  however  no  school, as defined in
    13  subdivision ten of section eleven hundred twenty-five of  the  education
    14  law,  shall  issue  such  written  authorization  to any teacher, school
    15  administrator, or other person employed at the school who is not  prima-
    16  rily  employed as a school resource officer, police officer, peace offi-
    17  cer, or security guard who has been issued a special armed guard  regis-
    18  tration card as defined in section eighty-nine-f of the general business
    19  law,  regardless  of  whether  the  person  is employed directly by such
    20  school or by a third party.
    21    Criminal possession of a weapon on school grounds is a class E felony.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03454-06-9

        A. 1715--A                          2
     1    § 2. This act shall take effect on the  same  date  and  in  the  same
     2  manner as chapter 363 of the laws of 2018, takes effect.
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