Assembly Bill A9390B

2023-2024 Legislative Session

Prohibits recording of the entrance of a school ground

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Current Bill Status - In Assembly 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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Bill Amendments

2023-A9390 - Details

See Senate Version of this Bill:
S8422
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §250.75, Pen L

2023-A9390 - Summary

Prohibits recording of the entrance or exit of a school ground or the entrance or exit to a property that contains school grounds within its boundaries.

2023-A9390 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9390
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to prohibiting  recording  of
   the entrance of a school ground
 
   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 250.75  to
 read as follows:
 § 250.75 UNLAWFUL SURVEILLANCE OF SCHOOL PROPERTY.
   1. AS USED IN THIS SECTION:
   (A)  "SCHOOL GROUND" MEANS IN OR ON OR WITHIN ANY BUILDING, STRUCTURE,
 ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN  THE  REAL
 PROPERTY  BOUNDARY  LINE  OF  A PUBLIC OR PRIVATE ELEMENTARY, PAROCHIAL,
 INTERMEDIATE, JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL.
   (B) "SCHOOL ADMINISTRATOR" SHALL HAVE THE SAME MEANING AS  DEFINED  BY
 SUBDIVISION  SIX  OF SECTION ONE THOUSAND ONE HUNDRED TWENTY-FIVE OF THE
 EDUCATION LAW.
   2. A PERSON IS GUILTY OF UNLAWFUL SURVEILLANCE OF SCHOOL PROPERTY WHEN
 THEY, INTENTIONALLY OR KNOWINGLY:
   (A) BROADCASTS OR RECORDS THE ENTRANCE  TO  A  SCHOOL  GROUND  OR  THE
 ENTRANCE  TO  A PROPERTY THAT CONTAINS SCHOOL GROUNDS WITHIN ITS BOUNDA-
 RIES; OR
   (B) USES OR INSTALLS, OR PERMITS THE UTILIZATION OR INSTALLATION OF  A
 MECHANICAL, DIGITAL OR ELECTRONIC VIEWING DEVICE, CAMERA, CELLULAR PHONE
 OR  ANY  OTHER  INSTRUMENT CAPABLE OF RECORDING, STORING OR TRANSMITTING
 VISUAL IMAGES TO VIEW, BROADCAST OR  RECORD  AN  ENTRANCE  TO  A  SCHOOL
 GROUND OR AN ENTRY TO A PROPERTY THAT CONTAINS SCHOOL GROUNDS WITHIN ITS
 BOUNDARIES.
   3.  NOTHING IN THIS SECTION SHALL APPLY TO CONDUCT DESCRIBED IN SUBDI-
 VISION TWO OF THIS SECTION WHEN SUCH CONDUCT IS COMMITTED BY:
   (A) THE FEDERAL GOVERNMENT, THIS STATE, OR A GOVERNMENTAL AGENCY;
   (B) A PERSON UNDER CONTRACT WITH OR OTHERWISE ACTING UNDER THE  DIREC-
 TION  OR  ON  BEHALF OF THE FEDERAL GOVERNMENT, THIS STATE, OR A GOVERN-
 MENTAL ENTITY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2023-A9390A - Details

See Senate Version of this Bill:
S8422
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §250.75, Pen L

2023-A9390A - Summary

Prohibits recording of the entrance or exit of a school ground or the entrance or exit to a property that contains school grounds within its boundaries.

2023-A9390A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9390--A
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Codes -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 AN  ACT  to amend the penal law, in relation to prohibiting recording of
   the entrance of a school ground
 
   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 250.75 to
 read as follows:
 § 250.75 UNLAWFUL SURVEILLANCE OF SCHOOL PROPERTY.
   1. AS USED IN THIS SECTION:
   (A) "SCHOOL GROUND" MEANS IN OR ON OR WITHIN ANY BUILDING,  STRUCTURE,
 ATHLETIC  PLAYING  FIELD,  PLAYGROUND  OR LAND CONTAINED WITHIN THE REAL
 PROPERTY BOUNDARY LINE OF A PUBLIC  OR  PRIVATE  ELEMENTARY,  PAROCHIAL,
 INTERMEDIATE, JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL.
   (B)  "SCHOOL  ADMINISTRATOR" SHALL HAVE THE SAME MEANING AS DEFINED BY
 SUBDIVISION SIX OF SECTION ONE THOUSAND ONE HUNDRED TWENTY-FIVE  OF  THE
 EDUCATION LAW.
   2. A PERSON IS GUILTY OF UNLAWFUL SURVEILLANCE OF SCHOOL PROPERTY WHEN
 WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM ANOTHER PERSON, THEY:
   (A)  BROADCAST  OR  RECORD  THE  ENTRANCE  TO  A  SCHOOL GROUND OR THE
 ENTRANCE TO A PROPERTY THAT CONTAINS SCHOOL GROUNDS WITHIN  ITS  BOUNDA-
 RIES; OR
   (B)  USE  OR  INSTALL,  OR PERMIT THE UTILIZATION OR INSTALLATION OF A
 MECHANICAL, DIGITAL OR ELECTRONIC VIEWING DEVICE, CAMERA, CELLULAR PHONE
 OR ANY OTHER INSTRUMENT CAPABLE OF RECORDING,  STORING  OR  TRANSMITTING
 VISUAL  IMAGES  TO  VIEW,  BROADCAST  OR  RECORD AN ENTRANCE TO A SCHOOL
 GROUND OR AN ENTRY TO A PROPERTY THAT CONTAINS SCHOOL GROUNDS WITHIN ITS
 BOUNDARIES.
   UNLAWFUL SURVEILLANCE OF SCHOOL PROPERTY SHALL BE PUNISHABLE ONLY BY A
 FINE OF NOT MORE THAN ONE THOUSAND DOLLARS PER DAY.
   § 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.
                                                            LBD13676-06-4

2023-A9390B (ACTIVE) - Details

See Senate Version of this Bill:
S8422
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §250.75, Pen L

2023-A9390B (ACTIVE) - Summary

Prohibits recording of the entrance or exit of a school ground or the entrance or exit to a property that contains school grounds within its boundaries.

2023-A9390B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9390--B
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Codes -- committee discharged, bill amended, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  ordered  reprinted  as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the penal law, in relation to prohibiting recording of
   the entrance of a school ground
 
   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 250.75 to
 read as follows:
 § 250.75 UNLAWFUL SURVEILLANCE OF SCHOOL PROPERTY.
   1. AS USED IN THIS SECTION:
   (A) "SCHOOL GROUND" MEANS  THE  OUTSIDE  PERIMETER  OF  ANY  BUILDING,
 STRUCTURE,  ATHLETIC  PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN
 THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PARO-
 CHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL.
   (B) "SCHOOL ADMINISTRATOR" SHALL HAVE THE SAME MEANING AS  DEFINED  BY
 SUBDIVISION  SIX  OF SECTION ONE THOUSAND ONE HUNDRED TWENTY-FIVE OF THE
 EDUCATION LAW.
   2. A PERSON IS GUILTY OF UNLAWFUL SURVEILLANCE OF SCHOOL PROPERTY WHEN
 WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM ANOTHER PERSON, THEY:
   (A) BROADCAST OR RECORD THE ENTRANCE OR EXIT TO A SCHOOL GROUND OR THE
 ENTRANCE OR EXIT TO A PROPERTY THAT CONTAINS SCHOOL GROUNDS  WITHIN  ITS
 BOUNDARIES; OR
   (B)  USE  OR  INSTALL,  OR PERMIT THE UTILIZATION OR INSTALLATION OF A
 MECHANICAL, DIGITAL OR ELECTRONIC VIEWING DEVICE, CAMERA, CELLULAR PHONE
 OR ANY OTHER INSTRUMENT CAPABLE OF RECORDING,  STORING  OR  TRANSMITTING
 VISUAL  IMAGES  TO  VIEW,  BROADCAST  OR RECORD AN ENTRANCE OR EXIT TO A
 SCHOOL GROUND OR AN ENTRY OR EXIT TO A  PROPERTY  THAT  CONTAINS  SCHOOL
 GROUNDS WITHIN ITS BOUNDARIES.
   UNLAWFUL SURVEILLANCE OF SCHOOL PROPERTY SHALL BE PUNISHABLE ONLY BY A
 FINE OF NOT MORE THAN ONE THOUSAND DOLLARS PER DAY.
   § 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

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