Bill Text: NY S00101 | 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 21-0)

Status: (Engrossed) 2019-01-29 - returned to senate [S00101 Detail]

Download: New_York-2019-S00101-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         101--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sens.  KAMINSKY,  ADDABBO,  BRESLIN,  BROOKS,  GAUGHRAN,
          GOUNARDES, HOYLMAN, KAVANAGH, KRUEGER, MAY, MAYER,  METZGER,  MONTGOM-
          ERY, RAMOS, SERRANO, STAVISKY, THOMAS -- read twice and ordered print-
          ed,  and  when  printed  to  be committed 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03454-06-9

        S. 101--A                           2
     1  law, regardless of whether the  person  is  employed  directly  by  such
     2  school or by a third party.
     3    Criminal possession of a weapon on school grounds is a class E felony.
     4    §  2.  This  act  shall  take  effect on the same date and in the same
     5  manner as chapter 363 of the laws of 2018, takes effect.
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