NY State Senate Bill 2015-S7046

Senate Bill S7046

2015-2016 Legislative Session

Includes certain activity in transit and transportation facilities with the crime of criminal trespass in the second degree

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2016	referred to codes

2015-S7046 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §140.15, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3677
2019-2020: S2491
2021-2022: S4205
2023-2024: S1620

2015-S7046 (ACTIVE) - Summary

Includes certain activity in transit and transportation facilities with the crime of criminal trespass in the second degree.

2015-S7046 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7046

 TITLE OF BILL :

An act to amend the penal law, in relation to including certain
activity in transit and transportation facilities within the crime of
criminal trespass in the second degree

 PURPOSE :

To establish a criminal penalty for trespassing and vandalism of a
public transportation system which results in damage and disruption of
service.

 SUMMARY OF PROVISIONS :

Section 1 - Subdivision 2 of section 140.15 of the penal law, as
amended by chapter 315 of the laws of 2010, is amended and a new
subdivision 3 is added to reflect that an individual who knowingly
enters or remains unlawfully in a transit facility under section
twelve hundred of the public authorities law or a transportation
facility as defined under section 1261 of the public authorities law.

 JUSTIFICATION :

On May 27, 2015, the A and C subway trains in Queens lost power at

approximately midnight. After investigating the power failure, MTA
officials discovered that the train was vandalized by individuals who
stole more than 500 feet of copper wire by cutting through a cable
box. Some signal equipment and track components were also damaged by
the electrical current that could not flow through the cable.

The power cable theft disrupted service on the entire A and C lines
during the morning commute, and shuttle buses were brought in to
transport thousands of Rockaway Beach residents to work. In addition
to the expense and the disruption of service to commuters, the vandals
risked their lives on the high voltage tracks to commit the theft.

This legislation seeks to seeks to establish penalties for theft of
transit system equipment within the penal law in order to deter this
type of crime.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
On the first day of November next succeeding the date on which it
shall have become a law.

2015-S7046 (ACTIVE) - Bill Text download pdf

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

                                  7046

                            I N  S E N A T E

                             March 18, 2016
                               ___________

Introduced  by  Sen. ADDABBO -- 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 including certain activity
  in transit and transportation facilities within the crime of  criminal
  trespass in the second degree

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

  Section 1. Subdivision 2 of  section  140.15  of  the  penal  law,  as
amended  by chapter 315 of the laws of 2010, is amended and a new subdi-
vision 3 is added to read as follows:
  2. being a person required  to  maintain  registration  under  article
six-C  of  the  correction law and designated a level two or level three
offender  pursuant  to  subdivision   six   of   section   one   hundred
sixty-eight-l  of  the  correction law, he or she enters or remains in a
public or private  elementary,  parochial,  intermediate,  junior  high,
vocational  or  high  school  knowing that the victim of the offense for
which such registration is required attends or  formerly  attended  such
school.  It  shall  not  be an offense subject to prosecution under this
subdivision if: the person is a  lawfully  registered  student  at  such
school; the person is a lawful student participant in a school sponsored
event;  the  person is a parent or a legal guardian of a lawfully regis-
tered student at such school and enters the school for  the  purpose  of
attending their child's or dependent's event or activity; such school is
the  person's  designated polling place and he or she enters such school
building for the limited purpose of voting; or if the person enters such
school building for the limited purposes authorized by  the  superinten-
dent or chief administrator of such school[.]; OR
  3.  HE  OR  SHE  KNOWINGLY  ENTERS  OR REMAINS UNLAWFULLY IN A TRANSIT
FACILITY AS DEFINED UNDER SECTION TWELVE HUNDRED OF THE PUBLIC  AUTHORI-
TIES  LAW  OR  A TRANSPORTATION FACILITY AS DEFINED UNDER SECTION TWELVE
HUNDRED SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14676-01-6

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.