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

                                  2262

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. CROUCH -- read once and referred to the Committee
  on Codes

AN  ACT to amend the penal law and the education law, in relation to the
  use of electronic dart guns or electronic stun guns on school  grounds
  and school buses by school safety agents

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision a of section 265.20 of the penal law is amended
by adding a new paragraph 17 to read as follows:
  17. POSSESSION OR USE OF AN ELECTRONIC DART GUN OR ELECTRONIC STUN GUN
AS DEFINED IN SUBDIVISIONS FIFTEEN-A AND FIFTEEN-C OF SECTION 265.00  OF
THIS  ARTICLE  BY SCHOOL SAFETY AGENTS ON SCHOOL GROUNDS OR SCHOOL BUSES
AS AUTHORIZED UNDER SECTION TWENTY-EIGHT HUNDRED ONE-C OF THE  EDUCATION
LAW.
  S  2.  The  education law is amended by adding a new section 2801-c to
read as follows:
  S 2801-C. USE OF ELECTRONIC DART  GUNS  OR  ELECTRONIC  STUN  GUNS  ON
SCHOOL  GROUNDS OR SCHOOL BUSES BY SCHOOL SAFETY AGENTS. 1. A. THE BOARD
OF EDUCATION, BOARD OF TRUSTEES, OR SOLE TRUSTEE OF ANY SCHOOL OR SCHOOL
DISTRICT, WHETHER PUBLIC, PRIVATE, OR CHARTER, MAY AUTHORIZE THE PRINCI-
PAL OR THE PRINCIPAL'S OR  SUPERINTENDENT'S  DESIGNEE  OR  DESIGNEES  TO
POSSESS  AN  ELECTRONIC  DART  GUN  OR ELECTRONIC STUN GUN ON THE SCHOOL
GROUNDS OF EACH SCHOOL WITHIN THE SCHOOL DISTRICT OR ON ANY  SCHOOL  BUS
BEING USED BY THE SCHOOL DISTRICT. SUCH INDIVIDUAL SHALL BE DESIGNATED A
SCHOOL SAFETY AGENT.
  B. AN INDIVIDUAL SHALL BE DESIGNATED A SCHOOL SAFETY AGENT ONLY IF (I)
HE  OR  SHE  IS NOT PROHIBITED BY STATE OR FEDERAL LAW FROM POSSESSING A
FIREARM, RIFLE OR SHOTGUN; AND (II) HE OR SHE HAS SUCCESSFULLY COMPLETED
A COURSE OF TRAINING APPROVED BY THE SUPERINTENDENT OF STATE  POLICE  IN
THE  USE OF DEADLY PHYSICAL FORCE AND THE USE OF ELECTRONIC DART GUNS OR
ELECTRONIC STUN GUNS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05270-01-5
              

A. 2262                             2

  C. THE BOARD OF EDUCATION, BOARD OF TRUSTEES, OR SOLE TRUSTEE  OF  ANY
SCHOOL  OR  SCHOOL  DISTRICT, IN CONSULTATION WITH THE SUPERINTENDENT OF
THE STATE POLICE, SHALL ADOPT A WRITTEN POLICY SPECIFYING THE MANNER  IN
WHICH  THE  ELECTRONIC  DART  GUNS  OR  ELECTRONIC  STUN  GUNS  SHALL BE
POSSESSED  AND  THE CIRCUMSTANCES UNDER WHICH A DART GUN OR STUN GUN MAY
BE USED.
  D. EVERY SCHOOL OR SCHOOL DISTRICT SHALL REPORT TO THE  SUPERINTENDENT
OF  STATE  POLICE,  THE NAMES OF ALL SCHOOL EMPLOYEES WHO HAVE SATISFAC-
TORILY COMPLETED THE TRAINING REQUIREMENTS AND THE NAMES OF ALL  PERSONS
DESIGNATED  AS  SCHOOL  SAFETY  AGENTS.  EVERY SCHOOL OR SCHOOL DISTRICT
SHALL REPORT TO THE SUPERINTENDENT OF STATE POLICE,  THE  NAMES  OF  ALL
SCHOOL  EMPLOYEES THAT ARE NO LONGER DESIGNATED AS A SCHOOL SAFETY AGENT
AND THE DATE WHEN SUCH DESIGNATION WAS REMOVED.
  E. NO PERSON SERVING AS A SCHOOL SAFETY AGENT SHALL BE LIABLE  TO  ANY
PERSON WHILE SERVING IN SUCH CAPACITY BASED ON HIS OR HER CONDUCT IN THE
EXECUTION  OF  SUCH  POSITION  UNLESS  THE CONDUCT OF SUCH SCHOOL SAFETY
AGENT WITH RESPECT TO THE PERSON ASSERTING LIABILITY  CONSTITUTED  GROSS
NEGLIGENCE  OR  WAS  INTENDED TO MALICIOUSLY CAUSE THE RESULTING HARM TO
THE PERSON ASSERTING LIABILITY.
  2. FOR THE PURPOSES OF THIS SECTION:
  A. THE TERM "SCHOOL SAFETY AGENT" SHALL  MEAN  THE  PRINCIPAL  OR  THE
PRINCIPAL'S  OR  SUPERINTENDENT'S  DESIGNEE  OR  DESIGNEES AUTHORIZED TO
POSSESS AN ELECTRONIC DART GUN OR ELECTRONIC STUN GUN ON SCHOOL  GROUNDS
OR ON A SCHOOL BUS PURSUANT TO THIS SECTION.
  B.  THE  TERM "ELECTRONIC DART GUN" SHALL HAVE THE SAME MEANING AS SET
FORTH IN SUBDIVISION FIFTEEN-A OF SECTION 265.00 OF THE PENAL LAW.
  C. THE TERM "ELECTRONIC STUN GUN" SHALL HAVE THE SAME MEANING  AS  SET
FORTH IN SUBDIVISION FIFTEEN-C OF SECTION 265.00 OF THE PENAL LAW.
  D. THE TERM "SCHOOL GROUNDS" SHALL MEAN IN, ON OR WITHIN ANY BUILDING,
STRUCTURE,  ATHLETIC  PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN
THE REAL PROPERTY BOUNDARY LINE OF ANY ELEMENTARY, INTERMEDIATE,  JUNIOR
HIGH, VOCATIONAL, OR HIGH SCHOOL, WHETHER PUBLIC, PRIVATE, OR CHARTER.
  E.  THE  TERM "SCHOOL BUS" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW.
  S 3. This act shall take effect immediately.