NY State Senate Bill 2021-S4205

Senate Bill S4205

2021-2022 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Feb 02, 2021	referred to codes

2021-S4205 (ACTIVE) - Details

See Assembly Version of this Bill:: A5333
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §140.15, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7046
2017-2018: S3677, A6486
2019-2020: S2491, A1356
2023-2024: S1620, A3127

2021-S4205 (ACTIVE) - Summary

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

2021-S4205 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4205

SPONSOR: ADDABBO
 
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 offi-
cials 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 elec-
trical 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 trans-
port 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:

2019: S. 2491 - Referred to Senate Codes Committee.

2020: S. 2491 - Referred to Senate Codes Committee.

 
FISCAL IMPLICATIONS:

None.

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

2021-S4205 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4205
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 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.
   § 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.
                                                            LBD03392-01-1

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