Bill Text: NY S05189 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-15 - REFERRED TO CODES [S05189 Detail]

Download: New_York-2019-S05189-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5189
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 15, 2019
                                       ___________
        Introduced  by  Sen.  KAPLAN -- 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:
     1    Section 1. The penal law is amended by adding a new section 140.09  to
     2  read as follows:
     3  § 140.09 Criminal trespass on school grounds or children's camp.
     4    A  person  is  guilty  of criminal trespass on school grounds or chil-
     5  dren's camp when he or she commits the crime of criminal trespass in the
     6  first degree pursuant to section 140.17 of this article and such  build-
     7  ing  or  grounds  is  utilized as an elementary or secondary school or a
     8  children's overnight camp or a summer day camp  as  defined  in  section
     9  thirteen  hundred  ninety-two  of  the public health law in violation of
    10  conspicuously posted rules or regulations governing entry and use there-
    11  of.
    12    Criminal trespass on school grounds or children's camp is  a  class  C
    13  felony.
    14    §  2.  The penal law is amended by adding a new section 140.18 to read
    15  as follows:
    16  § 140.18 Criminal trespass on a school bus in the second degree.
    17    1. A person is guilty of criminal trespass on  a  school  bus  in  the
    18  second degree when he or she:
    19    (a)  Willfully  demolishes,  destroys,  defaces,  injures,  burns,  or
    20  damages any public school bus.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09325-02-9

        S. 5189                             2
     1    (b) Enters a public school bus while the  door  is  open  to  load  or
     2  unload  students,  while  at  a  railroad grade crossing, or after being
     3  forbidden from doing so by the authorized school bus driver in charge of
     4  the bus, or upon demand of a principal of a school to which the  bus  is
     5  assigned or other duly authorized school system official.
     6    (c) As an occupant of a public school bus, refuses to leave the bus on
     7  demand of the authorized school bus driver in charge of the bus, or upon
     8  demand  of a principal of a school to which the bus is assigned or other
     9  duly authorized school system official.
    10    (d) Willfully stops, impedes, delays, or detains any public school bus
    11  being operated for public school purposes.
    12    2. Paragraphs (b), (c), and (d) of subdivision  one  of  this  section
    13  shall  not  apply to a child who is less than sixteen years of age or to
    14  authorized school personnel who are boarding the school bus as  part  of
    15  their job assignment.
    16    Criminal  trespass  on  a school bus in the second degree is a class A
    17  misdemeanor.
    18    § 3. The penal law is amended by adding a new section 140.19  to  read
    19  as follows:
    20  § 140.19 Criminal trespass on a school bus in the first degree.
    21    A  person  is guilty of criminal trespass on a school bus in the first
    22  degree when he or she commits the crime of criminal trespass on a school
    23  bus in the second degree pursuant to section 140.18 of this article  and
    24  when, in the course of committing such crime, he or she:
    25    1.   Possesses,  or  knows  that  another  participant  in  the  crime
    26  possesses, an explosive or a deadly weapon; or
    27    2. Possesses a firearm, rifle or shotgun, as those terms  are  defined
    28  in section 265.00 of this part, and also possesses or has readily acces-
    29  sible a quantity of ammunition which is capable of being discharged from
    30  such firearm, rifle or shotgun; or
    31    3.  Knows  that  another participant in the crime possesses a firearm,
    32  rifle or shotgun under circumstances described  in  subdivision  two  of
    33  this section.
    34    Criminal  trespass  on  a  school bus in the first degree is a class C
    35  felony.
    36    § 4. Section 375 of the vehicle and traffic law is amended by adding a
    37  new subdivision 21-j to read as follows:
    38    21-j. The commissioner shall, in consultation with the commissioner of
    39  transportation, promulgate rules and regulations for signage  on  school
    40  buses  advising  that  individuals  may  not enter the school bus unless
    41  authorized by the school bus driver who is in charge of the bus and that
    42  failure to comply may be subject to criminal charges.
    43    § 5. Paragraph c of subdivision 1 of section  3650  of  the  education
    44  law,  as  amended by chapter 181 of the laws of 2007, is amended to read
    45  as follows:
    46    c. Develop and conduct  professional  development  school  bus  driver
    47  safety  training  seminars  statewide,  which  shall  include but not be
    48  limited to training related to techniques  for  managing  violent  inci-
    49  dents, intrusions and active shooters on school buses.
    50    § 6. This act shall take effect on the first of November next succeed-
    51  ing the date on which it shall have become a law.
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