Bill Text: NY A02495 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides for the use of electronic dart guns or electronic stun guns on school grounds by school safety agents; authorizes the appointment of school safety agents by school principals or superintendents; defines terms.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A02495 Detail]

Download: New_York-2019-A02495-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2495
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2019
                                       ___________
        Introduced  by  M.  of A. CROUCH, MORINELLO -- read once and referred to
          the Committee on Codes
        AN ACT to amend the penal law and the education law, in relation to  the
          use  of electronic dart guns or electronic stun guns on school grounds
          and school buses by school safety agents
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision a of section 265.20 of the penal law is amended
     2  by adding a new paragraph 17 to read as follows:
     3    17. Possession or use of an electronic dart gun or electronic stun gun
     4  as  defined in subdivisions fifteen-a and fifteen-c of section 265.00 of
     5  this article by school safety agents on school grounds or  school  buses
     6  as  authorized under section twenty-eight hundred one-c of the education
     7  law.
     8    § 2. The education law is amended by adding a new  section  2801-c  to
     9  read as follows:
    10    §  2801-c.  Use  of  electronic  dart  guns or electronic stun guns on
    11  school grounds or school buses by school safety agents. 1. a. The  board
    12  of education, board of trustees, or sole trustee of any school or school
    13  district, whether public, private, or charter, may authorize the princi-
    14  pal  or  the  principal's  or  superintendent's designee or designees to
    15  possess an electronic dart gun or electronic  stun  gun  on  the  school
    16  grounds  of  each school within the school district or on any school bus
    17  being used by the school district. Such individual shall be designated a
    18  school safety agent.
    19    b. An individual shall be designated a school safety agent only if (i)
    20  he or she is not prohibited by state or federal law  from  possessing  a
    21  firearm, rifle or shotgun; and (ii) he or she has successfully completed
    22  a  course  of  training  approved by the commissioner of the division of
    23  criminal justice services in the use of deadly physical  force  and  the
    24  use of electronic dart guns or electronic stun guns.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02980-01-9
        A. 2495                             2
     1    c.  The  board of education, board of trustees, or sole trustee of any
     2  school or school district, in consultation with the commissioner of  the
     3  division  of  criminal  justice  services,  shall adopt a written policy
     4  specifying the manner in which the electronic dart  guns  or  electronic
     5  stun  guns  shall  be possessed and the circumstances under which a dart
     6  gun or stun gun may be used.
     7    d. Every school or school district shall report to the commissioner of
     8  the division of criminal justice  services,  the  names  of  all  school
     9  employees  who  have  satisfactorily completed the training requirements
    10  and the names of all persons designated as school safety  agents.  Every
    11  school  or school district shall report to the commissioner of the divi-
    12  sion of criminal justice services, the names  of  all  school  employees
    13  that are no longer designated as a school safety agent and the date when
    14  such designation was removed.
    15    e.  No  person serving as a school safety agent shall be liable to any
    16  person while serving in such capacity based on his or her conduct in the
    17  execution of such position unless the  conduct  of  such  school  safety
    18  agent  with  respect to the person asserting liability constituted gross
    19  negligence or was intended to maliciously cause the  resulting  harm  to
    20  the person asserting liability.
    21    2. For the purposes of this section:
    22    a.  the  term  "school  safety  agent" shall mean the principal or the
    23  principal's or superintendent's  designee  or  designees  authorized  to
    24  possess  an electronic dart gun or electronic stun gun on school grounds
    25  or on a school bus pursuant to this section.
    26    b. the term "electronic dart gun" shall have the same meaning  as  set
    27  forth in subdivision fifteen-a of section 265.00 of the penal law.
    28    c.  the  term "electronic stun gun" shall have the same meaning as set
    29  forth in subdivision fifteen-c of section 265.00 of the penal law.
    30    d. the term "school grounds" shall mean in, on or within any building,
    31  structure, athletic playing field, playground or land  contained  within
    32  the  real property boundary line of any elementary, intermediate, junior
    33  high, vocational, or high school, whether public, private, or charter.
    34    e. the term "school bus" shall have the same meaning as set  forth  in
    35  section one hundred forty-two of the vehicle and traffic law.
    36    § 3. This act shall take effect immediately.