S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5189
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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; to amend the
   vehicle  and  traffic  law,  in  relation to certain signage on school
   buses; and to amend the education law,  in  relation  to  professional
   development school bus driver safety training seminars
 
   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:
 § 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.
   §  2.  The penal law is amended by adding a new section 140.18 to read
 as follows:
 § 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09325-02-9
              

 S. 5189                             2
 
   (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
 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 SIXTEEN 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.
   § 3. The penal law is amended by adding a new section 140.19  to  read
 as follows:
 § 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.
   § 4. Section 375 of the vehicle and traffic law is amended by adding a
 new subdivision 21-j to read as follows:
   21-J. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE COMMISSIONER OF
 TRANSPORTATION, PROMULGATE RULES AND REGULATIONS FOR SIGNAGE  ON  SCHOOL
 BUSES  ADVISING  THAT  INDIVIDUALS  MAY  NOT ENTER THE SCHOOL BUS UNLESS
 AUTHORIZED BY THE SCHOOL BUS DRIVER WHO IS IN CHARGE OF THE BUS AND THAT
 FAILURE TO COMPLY MAY BE SUBJECT TO CRIMINAL CHARGES.
   § 5. Paragraph c of subdivision 1 of section  3650  of  the  education
 law,  as  amended by chapter 181 of the laws of 2007, is amended to read
 as follows:
   c. Develop and conduct  professional  development  school  bus  driver
 safety  training  seminars  statewide,  WHICH  SHALL  INCLUDE BUT NOT BE
 LIMITED TO TRAINING RELATED TO TECHNIQUES  FOR  MANAGING  VIOLENT  INCI-
 DENTS, INTRUSIONS AND ACTIVE SHOOTERS ON SCHOOL BUSES.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.