Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 02, 2009 |
referred to codes |
Senate Bill S1478
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R, IP) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
(R) Senate District
2009-S1478 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add ยงยง130.82 & 130.83, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
S1540
2009-S1478 (ACTIVE) - Summary
Establishes the class A misdemeanor of unlawfully residing or entering upon school grounds for the entry upon school grounds, of any sex offender required to register and verify pursuant to the sex offender registration act; grants an exception for persons attending or employed by the school upon such school grounds, or having a family member attending such school, if the defendant enters the school grounds for the limited purposes authorized by the administrator of the school; establishes the class E felony of unlawfully residing or entering upon school ground for the commission of such offense in the second degree after having had a conviction thereof in the previous 5 years.
2009-S1478 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1478 TITLE OF BILL : An act to amend the penal law, in relation to establishing the offense of unlawfully residing or entering upon school grounds PURPOSE : To prohibit persons who are required to register as sex offenders from residing or entering upon school grounds during the period of time such persons are required to register and verify. SUMMARY OF PROVISIONS : Section 1 adds a new section 130.82 to the Penal Law entitled, "Unlawfully residing or entering upon school grounds in the second degree", a class A misdemeanor. Under the bill a person who is convicted of an offense which requires the person to register as a sex offender may not reside or enter upon school grounds during the period of time the person is required to register and verify. The bill also provides that it is an affirmative defense to the crime that the defendant (1) is a registered student or employee of the school or has a family member enrolled in the school, and (2) the defendant entered upon the school grounds for the limited purposes authorized by the superintendent or chief administrator of the school. Section 1 also adds a new section 130.83 to the Penal Law, "Unlawfully
2009-S1478 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1478 2009-2010 Regular Sessions I N S E N A T E February 2, 2009 ___________ Introduced by Sens. SKELOS, ALESI, FARLEY, FUSCHILLO, GOLDEN, HANNON, LAVALLE, LEIBELL, MAZIARZ, SALAND, SEWARD -- 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 offense of unlawfully residing or entering upon school grounds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding two new sections 130.82 and 130.83 to read as follows: S 130.82 UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE. A PERSON IS GUILTY OF UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE WHEN, HAVING BEEN CONVICTED OF AN OFFENSE DEFINED IN SUBDIVISION TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW, HE OR SHE KNOWINGLY RESIDES WITHIN, OR ENTERS INTO OR UPON ANY SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THIS CHAPTER, DURING THE PERIOD OF TIME HE OR SHE IS REQUIRED TO REGISTER AND VERIFY PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-H OF THE CORRECTION LAW. IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE CRIME OF UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE THAT THE DEFENDANT (1) IS A REGISTERED STUDENT OR AN EMPLOYEE OF A SCHOOL UPON SUCH SCHOOL GROUNDS, OR HAS A FAMILY MEMBER ENROLLED IN A SCHOOL UPON SUCH SCHOOL GROUNDS, AND (2) ENTERED UPON SUCH SCHOOL GROUNDS FOR THE LIMITED PURPOSES AUTHORIZED BY THE SUPERINTENDENT OR CHIEF ADMINISTRATOR OF SUCH SCHOOL. UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. S 130.83 UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE FIRST DEGREE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03383-01-9
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