Bill Text: NY A09390 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits recording of the entrance of a school ground or the entrance to a property that contains school grounds within its boundaries without prior written permission from a school administrator.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-06 - referred to codes [A09390 Detail]

Download: New_York-2023-A09390-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9390

                   IN ASSEMBLY

                                      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:

     1    Section 1. The penal law is amended by adding a new section 250.75  to
     2  read as follows:
     3  § 250.75 Unlawful surveillance of school property.
     4    1. As used in this section:
     5    (a)  "School ground" means in or on or within any building, structure,
     6  athletic playing field, playground or land  contained  within  the  real
     7  property  boundary  line  of  a public or private elementary, parochial,
     8  intermediate, junior high, vocational or high school.
     9    (b) "School administrator" shall have the same meaning as  defined  by
    10  subdivision  six  of section one thousand one hundred twenty-five of the
    11  education law.
    12    2. A person is guilty of unlawful surveillance of school property when
    13  they, intentionally or knowingly:
    14    (a) broadcasts or records the entrance  to  a  school  ground  or  the
    15  entrance  to  a property that contains school grounds within its bounda-
    16  ries; or
    17    (b) uses or installs, or permits the utilization or installation of  a
    18  mechanical, digital or electronic viewing device, camera, cellular phone
    19  or  any  other  instrument capable of recording, storing or transmitting
    20  visual images to view, broadcast or  record  an  entrance  to  a  school
    21  ground or an entry to a property that contains school grounds within its
    22  boundaries.
    23    3.  Nothing in this section shall apply to conduct described in subdi-
    24  vision two of this section when such conduct is committed by:
    25    (a) the federal government, this state, or a governmental agency;
    26    (b) a person under contract with or otherwise acting under the  direc-
    27  tion  or  on  behalf of the federal government, this state, or a govern-
    28  mental entity;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13676-02-4
        A. 9390                             2

     1    (c) a person who has the prior written consent of the school  adminis-
     2  trator or their designee;
     3    (d) a law enforcement agency; or
     4    (e)  a person under contract with or otherwise acting under the direc-
     5  tion or on behalf of a law enforcement agency.
     6    Unlawful surveillance of school property shall be punishable only by a
     7  fine of not more than one thousand dollars per day.
     8    § 2. This act shall take effect on the first of November next succeed-
     9  ing the date on which it shall have become a law.