S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    499
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  SQUADRON,  GIANARIS,  SERRANO  --  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 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".
   § 2. Section 140.15 of the penal law, as amended by chapter 315 of the
 laws of 2010, is amended to read as follows:
 § 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
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03866-01-7

 S. 499                              2
 
 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.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.