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. LBD05344-01-7A. 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.