Bill Text: NY A04178 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Establishes the crimes of criminal trespass on a school bus, school grounds or children's camp.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A04178 Detail]

Download: New_York-2017-A04178-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          4178
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2017
                                       ___________
        Introduced  by  M.  of A. THIELE, SANTABARBARA, McDONOUGH -- Multi-Spon-
          sored by -- M. of A. GALEF, RA  --  read  once  and  referred  to  the
          Committee on Codes
        AN ACT to amend the penal law, in relation to establishing the crimes of
          criminal  trespass  on  school grounds or children's camp and 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:
     1    Section  1. The penal law is amended by adding a new section 140.09 to
     2  read as follows:
     3  § 140.09 Criminal trespass on school grounds or children's camp.
     4    A person is guilty of criminal trespass on  school  grounds  or  chil-
     5  dren's camp when he or she commits the crime of criminal trespass in the
     6  first  degree pursuant to section 140.17 of this article and such build-
     7  ing or grounds is utilized as an elementary or  secondary  school  or  a
     8  children's  overnight  camp  or  a summer day camp as defined in section
     9  thirteen hundred ninety-two of the public health  law  in  violation  of
    10  conspicuously posted rules or regulations governing entry and use there-
    11  of.
    12    Criminal  trespass  on  school grounds or children's camp is a class C
    13  felony.
    14    § 2. The penal law is amended by adding a new section 140.18  to  read
    15  as follows:
    16  § 140.18 Criminal trespass on a school bus in the second degree.
    17    1.  A  person  is  guilty  of criminal trespass on a school bus in the
    18  second degree when he or she:
    19    (a)  Willfully  demolishes,  destroys,  defaces,  injures,  burns,  or
    20  damages any public school bus.
    21    (b)  Enters  a  public  school  bus  while the door is open to load or
    22  unload students, while at a railroad  grade  crossing,  or  after  being
    23  forbidden from doing so by the authorized school bus driver in charge of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05344-01-7
        A. 4178                             2
     1  the  bus,  or upon demand of a principal of a school to which the bus is
     2  assigned or other duly authorized school system official.
     3    (c) As an occupant of a public school bus, refuses to leave the bus on
     4  demand of the authorized school bus driver in charge of the bus, or upon
     5  demand  of a principal of a school to which the bus is assigned or other
     6  duly authorized school system official.
     7    (d) Willfully stops, impedes, delays, or detains any public school bus
     8  being operated for public school purposes.
     9    2. Paragraphs (b), (c), and (d) of subdivision  one  of  this  section
    10  shall  not  apply to a child who is less than sixteen years of age or to
    11  authorized school personnel who are boarding the school bus as  part  of
    12  their job assignment.
    13    Criminal  trespass  on  a school bus in the second degree is a class A
    14  misdemeanor.
    15    § 3. The penal law is amended by adding a new section 140.19  to  read
    16  as follows:
    17  § 140.19 Criminal trespass on a school bus in the first degree.
    18    A  person  is guilty of criminal trespass on a school bus in the first
    19  degree when he or she commits the crime of criminal trespass on a school
    20  bus in the second degree pursuant to section 140.18 of this article  and
    21  when, in the course of committing such crime, he or she:
    22    1.   Possesses,  or  knows  that  another  participant  in  the  crime
    23  possesses, an explosive or a deadly weapon; or
    24    2. Possesses a firearm, rifle or shotgun, as those terms  are  defined
    25  in section 265.00 of this part, and also possesses or has readily acces-
    26  sible a quantity of ammunition which is capable of being discharged from
    27  such firearm, rifle or shotgun; or
    28    3.  Knows  that  another participant in the crime possesses a firearm,
    29  rifle or shotgun under circumstances described  in  subdivision  two  of
    30  this section.
    31    Criminal  trespass  on  a  school bus in the first degree is a class C
    32  felony.
    33    § 4. This act shall take effect on the first of November next succeed-
    34  ing the date on which it shall have become a law.