S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5122

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- 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 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:

  Section 1. The penal law is amended by adding a new section 140.09  to
read as follows:
S 140.09 CRIMINAL TRESPASS ON SCHOOL GROUNDS OR CHILDREN'S CAMP.
  A  PERSON  IS  GUILTY  OF CRIMINAL TRESPASS ON SCHOOL GROUNDS OR CHIL-
DREN'S CAMP WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL TRESPASS IN THE
FIRST DEGREE PURSUANT TO SECTION 140.17 OF THIS ARTICLE AND SUCH  BUILD-
ING  OR  GROUNDS  IS  UTILIZED AS AN ELEMENTARY OR SECONDARY SCHOOL OR A
CHILDREN'S OVERNIGHT CAMP OR A SUMMER DAY CAMP  AS  DEFINED  IN  SECTION
THIRTEEN  HUNDRED  NINETY-TWO  OF  THE PUBLIC HEALTH LAW IN VIOLATION OF
CONSPICUOUSLY POSTED RULES OR REGULATIONS GOVERNING ENTRY AND USE THERE-
OF.
  CRIMINAL TRESPASS ON SCHOOL GROUNDS OR CHILDREN'S CAMP IS  A  CLASS  C
FELONY.
  S  2.  The penal law is amended by adding a new section 140.18 to read
as follows:
S 140.18 CRIMINAL TRESPASS ON A SCHOOL BUS IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF CRIMINAL TRESPASS ON  A  SCHOOL  BUS  IN  THE
SECOND DEGREE WHEN HE OR SHE:
  (A)  WILLFULLY  DEMOLISHES,  DESTROYS,  DEFACES,  INJURES,  BURNS,  OR
DAMAGES ANY PUBLIC SCHOOL BUS.
  (B) ENTERS A PUBLIC SCHOOL BUS WHILE THE  DOOR  IS  OPEN  TO  LOAD  OR
UNLOAD  STUDENTS,  WHILE  AT  A  RAILROAD GRADE CROSSING, OR AFTER BEING
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.
                                                           LBD08633-05-3

              

S. 5122                             2

THE BUS, OR UPON DEMAND OF A PRINCIPAL OF A SCHOOL TO WHICH THE  BUS  IS
ASSIGNED OR OTHER DULY AUTHORIZED SCHOOL SYSTEM OFFICIAL.
  (C) AS AN OCCUPANT OF A PUBLIC SCHOOL BUS, REFUSES TO LEAVE THE BUS ON
DEMAND OF THE AUTHORIZED SCHOOL BUS DRIVER IN CHARGE OF THE BUS, OR UPON
DEMAND  OF A PRINCIPAL OF A SCHOOL TO WHICH THE BUS IS ASSIGNED OR OTHER
DULY AUTHORIZED SCHOOL SYSTEM OFFICIAL.
  (D) WILLFULLY STOPS, IMPEDES, DELAYS, OR DETAINS ANY PUBLIC SCHOOL BUS
BEING OPERATED FOR PUBLIC SCHOOL PURPOSES.
  2. PARAGRAPHS (B), (C), AND (D) OF SUBDIVISION  ONE  OF  THIS  SECTION
SHALL  NOT  APPLY  TO A CHILD WHO IS LESS THAN TWELVE YEARS OF AGE OR TO
AUTHORIZED SCHOOL PERSONNEL WHO ARE BOARDING THE SCHOOL BUS AS  PART  OF
THEIR JOB ASSIGNMENT.
  CRIMINAL  TRESPASS  ON  A SCHOOL BUS IN THE SECOND DEGREE IS A CLASS A
MISDEMEANOR.
  S 3. The penal law is amended by adding a new section 140.19  to  read
as follows:
S 140.19 CRIMINAL TRESPASS ON A SCHOOL BUS IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF CRIMINAL TRESPASS ON A SCHOOL BUS IN THE FIRST
DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL TRESPASS ON A SCHOOL
BUS IN THE SECOND DEGREE PURSUANT TO SECTION 140.18 OF THIS ARTICLE  AND
WHEN, IN THE COURSE OF COMMITTING SUCH CRIME, HE OR SHE:
  1.   POSSESSES,  OR  KNOWS  THAT  ANOTHER  PARTICIPANT  IN  THE  CRIME
POSSESSES, AN EXPLOSIVE OR A DEADLY WEAPON; OR
  2. POSSESSES A FIREARM, RIFLE OR SHOTGUN, AS THOSE TERMS  ARE  DEFINED
IN SECTION 265.00 OF THIS PART, AND ALSO POSSESSES OR HAS READILY ACCES-
SIBLE A QUANTITY OF AMMUNITION WHICH IS CAPABLE OF BEING DISCHARGED FROM
SUCH FIREARM, RIFLE OR SHOTGUN; OR
  3.  KNOWS  THAT  ANOTHER PARTICIPANT IN THE CRIME POSSESSES A FIREARM,
RIFLE OR SHOTGUN UNDER CIRCUMSTANCES DESCRIBED  IN  SUBDIVISION  TWO  OF
THIS SECTION.
  CRIMINAL  TRESPASS  ON  A  SCHOOL BUS IN THE FIRST DEGREE IS A CLASS C
FELONY.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.