Bill Text: NY S02092 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes the crimes of criminal trespass on a school bus in the first and second degrees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S02092 Detail]

Download: New_York-2019-S02092-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2092
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 22, 2019
                                       ___________
        Introduced  by  Sen.  JORDAN -- 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:
     1    Section  1. The penal law is amended by adding a new section 140.18 to
     2  read as follows:
     3  § 140.18 Criminal trespass on a school bus in the second degree.
     4    1. A person is guilty of criminal trespass on  a  school  bus  in  the
     5  second degree when he or she:
     6    (a) Willfully demolishes, destroys, defaces, injures, burns or damages
     7  any public school bus.
     8    (b)  Enters a public school bus while the door is open without permis-
     9  sion or invitation to load or unload students, while at a railroad grade
    10  crossing, or after being forbidden  from  doing  so  by  the  authorized
    11  school bus driver in charge of the bus, or upon demand of a principal of
    12  a  school  to  which the bus is assigned or other duly authorized school
    13  system official.
    14    (c) As an occupant of a public school bus, refuses to leave the bus on
    15  demand of the authorized school bus driver in charge of the bus, or upon
    16  demand of a principal of a school to which the bus is assigned or  other
    17  duly authorized school system official.
    18    (d) Willfully stops, impedes, delays, or detains any public school bus
    19  being operated for public school purposes.
    20    2.  Paragraphs  (b),  (c),  and (d) of subdivision one of this section
    21  shall not apply to a child who is less than sixteen years of age  or  to
    22  authorized  school  personnel who are boarding the school bus as part of
    23  their job assignment.
    24    Criminal trespass on a school bus in the second degree is  a  class  A
    25  misdemeanor.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08436-02-9
        S. 2092                             2
     1    §  2.  The penal law is amended by adding a new section 140.19 to read
     2  as follows:
     3  § 140.19 Criminal trespass on a school bus in the first degree.
     4    A  person  is guilty of criminal trespass on a school bus in the first
     5  degree when he or she commits the crime of criminal trespass on a school
     6  bus in the second degree pursuant to section 140.18 of this article  and
     7  when, in the course of committing such crime, he or she:
     8    1.   Possesses,  or  knows  that  another  participant  in  the  crime
     9  possesses, an explosive or a deadly weapon; or
    10    2. Possesses a firearm, rifle or shotgun, as those terms  are  defined
    11  in section 265.00 of this part, and also possesses or has readily acces-
    12  sible a quantity of ammunition which is capable of being discharged from
    13  such firearm, rifle or shotgun; or
    14    3.  Knows  that  another participant in the crime possesses a firearm,
    15  rifle or shotgun under circumstances described  in  subdivision  two  of
    16  this section.
    17    Criminal  trespass  on  a  school bus in the first degree is a class C
    18  felony.
    19    § 3. This act shall take effect on the first of November next succeed-
    20  ing the date on which it shall have become a law.