Relates to possession of a weapon on school grounds or a school bus; repealer

BILL NUMBER:S4777

Title of bill

An act to amend the penal law and the criminal procedure law, in relation to criminal possession of a weapon upon school grounds or on a school bus; and to repeal subdivision 3 of section 265.01 of the penal law relating thereto

Purpose

Section 1 of this bill would repeal existing subdivision 3 of Penal Law ("PL") § 265.01, which penalizes possession of a weapon upon school grounds as part of a section that is punishable only as an A misdemeanor ("Criminal possession of a weapon in the fourth degree"). Section 2 of the bill would add a new PL §265.07, entitled "Criminal possession of a weapon upon school grounds," an E felony.

In addition, bill sections 3 through 6 would make conforming amendments to sections of the Penal Law (§ 265.15(2), § 265.20(a) and (1), § 265.20(1) and § 265. 20(3)) that refer to various weapons related crimes. Finally, bill section 7 would make a conforming amendment to Criminal Procedure Law § 700.05(8)(b), the list of designated offenses contained in the definitions of terms used in Article 700 relating to eavesdropping and video surveillance warrants.

Justification

Criminal penalties are often enhanced when an illegal act occurs in or around schools, in acknowledgement of the inherent danger to those most in need of protection from crime. Examples of criminal penalties that are elevated to felonies when committed on school grounds include assault (PL § 120.05(10), a class D felony, drug sales (PL §§220.34, a class C felony, and 220.44, a class B felony), falsely reporting an incident (PL § 240.60(5), a class D felony), and placing a false bomb or hazardous substance (PL § 240.62, a class D felony). Special provisions exist to prevent sex offenders from entering upon school grounds (PL §65.10(4-a), a class C felony).

However, there is no penalty enhancement available under State law for possession of a firearm on school grounds or on a school bus, which is currently treated in like manner as any other type of firearm possession to PL § 265.01, a class A misdemeanor. New York City Charter § 460 prohibits possession of firearms within a school zone; however, this prohibition similarly carries only a misdemeanor penalty, the maximum penalty which may be enacted by a locality without State legislative action.

The terror and destruction that unlawful possession of firearms creates is greatly exacerbated when those firearms are brought into a

school environment. It is therefore appropriate that possession of a firearm on school grounds be elevated to a class E felony, to reflect the higher level of danger to school communities when a firearm is present.

Fiscal implications

None.

Effective date

On the sixtieth day after it shall have become a law.