S T A T E   O F   N E W   Y O R K
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                                 2190--A
    Cal. No. 474

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sens.  SQUADRON,  GIANARIS,  SERRANO  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  --  recommitted  to  the  Committee on Codes in accordance with
  Senate Rule 6, sec. 8  --  reported  favorably  from  said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT  to amend the penal law, in relation to expanding the definition
  of the offense 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.  This act shall be known and may be cited as the "critical
infrastructure safety act".
  S 2. Section 140.15 of the penal law, as amended by chapter 315 of the
laws of 2010, is amended to read as follows:
S 140.15 Criminal trespass in the second degree.
  1. A person is guilty of criminal trespass in the second degree when:
  [1.] A. he or she knowingly enters or remains unlawfully in  a  dwell-
ing; [or]
  [2.] B. 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

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

                                                           LBD05517-03-6

S. 2190--A                          2

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
  C. HE OR SHE KNOWINGLY CLIMBS UPON ANY RAILING, CABLE, SUSPENDER ROPE,
TOWER, OR SUPERSTRUCTURE OF ANY BRIDGE, OR OTHERWISE TRESPASSES  ON  ANY
PORTION  OF  A BRIDGE, TUNNEL, OR ANY OTHER CRITICAL INFRASTRUCTURE THAT
IS NOT INTENDED FOR PUBLIC USE.
  2. AS USED IN THIS SECTION:
  A. "CRITICAL INFRASTRUCTURE" SHALL MEAN  SYSTEMS,  ASSETS,  PLACES  OR
THINGS  SO  VITAL  TO  THE  STATE THAT THE DISRUPTION, INCAPACITATION OR
DESTRUCTION OF SUCH SYSTEMS, ASSETS, PLACES OR THINGS  COULD  JEOPARDIZE
THE  HEALTH,  SAFETY, WELFARE OR SECURITY OF THE STATE, ITS RESIDENTS OR
ITS ECONOMY; AND
  B. "NOT INTENDED FOR PUBLIC USE" SHALL MEAN ANY AREA ON OR SURROUNDING
CRITICAL INFRASTRUCTURE THAT IS EITHER CLEARLY MARKED AS SUCH OR THAT  A
REASONABLE PERSON WOULD DETERMINE IS NOT FOR PUBLIC USE.
  Criminal trespass in the second degree is a class A misdemeanor.
  S 3. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.