S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2138--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2015
                                      ___________
       Introduced  by  Sens.  FLANAGAN,  AVELLA, BOYLE, DeFRANCISCO, MARCHIONE,
         MARTINS -- read twice and ordered printed,  and  when  printed  to  be
         committed  to  the  Committee  on  Codes -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       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  S 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    S 2. The penal law is amended by adding a new section 140.18  to  read
   15  as follows:
   16  S 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05341-03-5
       S. 2138--A                          2
    1    (B)  ENTERS  A  PUBLIC  SCHOOL  BUS  WHILE THE DOOR IS OPEN TO LOAD OR
    2  UNLOAD STUDENTS, WHILE AT A RAILROAD  GRADE  CROSSING,  OR  AFTER  BEING
    3  FORBIDDEN FROM DOING SO BY THE AUTHORIZED SCHOOL BUS DRIVER IN CHARGE OF
    4  THE  BUS,  OR UPON DEMAND OF A PRINCIPAL OF A SCHOOL TO WHICH THE BUS IS
    5  ASSIGNED OR OTHER DULY AUTHORIZED SCHOOL SYSTEM OFFICIAL.
    6    (C) AS AN OCCUPANT OF A PUBLIC SCHOOL BUS, REFUSES TO LEAVE THE BUS ON
    7  DEMAND OF THE AUTHORIZED SCHOOL BUS DRIVER IN CHARGE OF THE BUS, OR UPON
    8  DEMAND  OF A PRINCIPAL OF A SCHOOL TO WHICH THE BUS IS ASSIGNED OR OTHER
    9  DULY AUTHORIZED SCHOOL SYSTEM OFFICIAL.
   10    (D) WILLFULLY STOPS, IMPEDES, DELAYS, OR DETAINS ANY PUBLIC SCHOOL BUS
   11  BEING OPERATED FOR PUBLIC SCHOOL PURPOSES.
   12    2. PARAGRAPHS (B), (C), AND (D) OF SUBDIVISION  ONE  OF  THIS  SECTION
   13  SHALL  NOT  APPLY TO A CHILD WHO IS LESS THAN SIXTEEN YEARS OF AGE OR TO
   14  AUTHORIZED SCHOOL PERSONNEL WHO ARE BOARDING THE SCHOOL BUS AS  PART  OF
   15  THEIR JOB ASSIGNMENT.
   16    CRIMINAL  TRESPASS  ON  A SCHOOL BUS IN THE SECOND DEGREE IS A CLASS A
   17  MISDEMEANOR.
   18    S 3. The penal law is amended by adding a new section 140.19  to  read
   19  as follows:
   20  S 140.19 CRIMINAL TRESPASS ON A SCHOOL BUS IN THE FIRST DEGREE.
   21    A  PERSON  IS GUILTY OF CRIMINAL TRESPASS ON A SCHOOL BUS IN THE FIRST
   22  DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL TRESPASS ON A SCHOOL
   23  BUS IN THE SECOND DEGREE PURSUANT TO SECTION 140.18 OF THIS ARTICLE  AND
   24  WHEN, IN THE COURSE OF COMMITTING SUCH CRIME, HE OR SHE:
   25    1.   POSSESSES,  OR  KNOWS  THAT  ANOTHER  PARTICIPANT  IN  THE  CRIME
   26  POSSESSES, AN EXPLOSIVE OR A DEADLY WEAPON; OR
   27    2. POSSESSES A FIREARM, RIFLE OR SHOTGUN, AS THOSE TERMS  ARE  DEFINED
   28  IN SECTION 265.00 OF THIS PART, AND ALSO POSSESSES OR HAS READILY ACCES-
   29  SIBLE A QUANTITY OF AMMUNITION WHICH IS CAPABLE OF BEING DISCHARGED FROM
   30  SUCH FIREARM, RIFLE OR SHOTGUN; OR
   31    3.  KNOWS  THAT  ANOTHER PARTICIPANT IN THE CRIME POSSESSES A FIREARM,
   32  RIFLE OR SHOTGUN UNDER CIRCUMSTANCES DESCRIBED  IN  SUBDIVISION  TWO  OF
   33  THIS SECTION.
   34    CRIMINAL  TRESPASS  ON  A  SCHOOL BUS IN THE FIRST DEGREE IS A CLASS C
   35  FELONY.
   36    S 4. This act shall take effect on the first of November next succeed-
   37  ing the date on which it shall have become a law.