What's happening
This bill expands criminal trespass in the second degree to include knowingly unlawfully entering or remaining in transit or transportation facilities.
Why it matters
Expands the scope of “criminal trespass in the second degree,” making it a crime to knowingly and unlawfully enter or stay in transit or transportation facilities (such as subways, bus terminals, or train stations). This means these locations get the same legal protection as schools and other sensitive places.
Potentially increases penalties for people found in unauthorized areas of transit hubs,. including those who may not have committed another crime but are present without permission. This could affect how law enforcement and courts handle loitering, homelessness, or fare evasion in these spaces.
May provide transit authorities and law enforcement with a clearer legal tool to address safety and security concerns,. especially in response to trespassing or unauthorized activity in busy public transportation infrastructure.
Raises questions about how the law will be applied in practice,. particularly regarding vulnerable populations (like the homeless) who often use transit facilities for shelter, and what discretion authorities will have in enforcement.
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Who cares
Headline styles
Expand Trespass Law to Subways
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 23
3 Co-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Transit Trespass Laws
In Senate Committee · Codes · Sponsor Joseph P. Addabbo Jr.
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1356
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
Introduced by M. of A. PHEFFER AMATO, ABBATE, ORTIZ, COOK -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to including certain activity in transit and transportation facilities within the crime of criminal trespass in the second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 140.15 of the penal law, as amended by chapter 315 of the laws of 2010, is amended and a new subdivision 3 is added to read as follows:
2. being a person required to maintain registration under article six-C of the correction law and designated a level two or level three offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law, he or she enters or remains in a public or private elementary, parochial, intermediate, junior high, vocational or high school knowing that the victim of the offense for which such registration is required attends or formerly attended such school. It shall not be an offense subject to prosecution under this subdivision if: the person is a lawfully registered student at such school; the person is a lawful student participant in a school sponsored event; the person is a parent or a legal guardian of a lawfully registered student at such school and enters the school for the purpose of attending their child's or dependent's event or activity; such school is the person's designated polling place and he or she enters such school building for the limited purpose of voting; or if the person enters such school building for the limited purposes authorized by the superintendent or chief administrator of such school[.]; or
3. he or she knowingly enters or remains unlawfully in a transit facility as defined under section twelve hundred of the public authorities law or a transportation facility as defined under section twelve hundred sixty-one of the public authorities law.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03719-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.