NY State Senate Bill 2023-S6957

Senate Bill S6957

2023-2024 Legislative Session

Establishes the crimes of criminal trespass on a school bus, school grounds or children's camp

download bill text pdf

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
May 16, 2023	referred to codes

2023-S6957 (ACTIVE) - Details

See Assembly Version of this Bill:: A1698
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§140.09, 140.18 & 140.19, Pen L; amd §375, V & T L; amd §3650, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5122
2015-2016: S2138, S6512
2017-2018: S2403
2019-2020: S5189, A6535
2021-2022: S696, A4015

2023-S6957 (ACTIVE) - Summary

Establishes the crimes of criminal trespass on a school bus, school grounds or children's camp; requires the commissioner of motor vehicles, in consultation with the commissioner of transportation, to promulgate rules and regulations for certain signage on school buses; relates to professional development school bus driver safety training seminars statewide.

2023-S6957 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6957

SPONSOR: MARTINEZ
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure a safer environment for our school children, school personnel
and school bus drivers while on board a school bus.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the Penal Law by adding a new section 140.09 to estab-
lish the crime of criminal trespass on school grounds or children's camp
(class C felony).

Section 2: Amends the Penal Law by adding a new section 140.18 estab-
lishing the crime of criminal trespass on a school bus in the second
degree (class A misdemeanor).

Section 3: Amends the Penal Law by adding a new section 140.19 estab-
lishing the crime of criminal trespass on a school bus in the first
degree (class C felony).

Section 4. Amends Section 375 of the Vehicle and Traffic Law by adding a
new subdivision 21-k requiring the New York State Education Commission-
er, in consultation the Transportation Commissioner, to promulgate rules
and regulations for signage on school buses advertising 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.

Section 5. Paragraph c of Law is amended to require training include
training incidents, intrusions and subdivision 1 of Section 3650 of the
Education that training seminars for school bus safety related to tech-
niques for managing violent active shooters on school buses.

Section 6. Effective Date

 
JUSTIFICATION:

In the wake of recent tragedies, there is a need to employ stiffer crim-
inal penalties for trespassing on school grounds and school buses. This
bill provides an added measure of safety and security to students,
teachers and school employees as well as to school bus drivers and their
passengers. By increasing criminal penalties, we will be deterring such
acts and sending a loud message that New York State will not stand for
violent acts against children.

This bill would also provide for signage on school buses clarifying that
unauthorized boardings are not allowed. It would also require training
for school bus drivers to prepare them for intrusions and violent inci-
dents, thereby enabling them to protect themselves and the children
aboard the bus. Similar legislation has been enacted by the Alabama
State Legislature.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: A.4015/S .696

2019-20: A.6535/S.5189

2017-18: A.4178/S.2403

2015-16: A.5659-A/S.6512

2013-14: A.6385/S.5122

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.

2023-S6957 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6957
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by Sen. MARTINEZ -- 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.
                                                            LBD05651-01-3
 S. 6957                             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-k to read as follows:
   21-K. 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.

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