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A6535Assembly2019-2020 SessionSame asS5189

Ban Trespassing on School Buses

Official title

“Establishes the crimes of criminal trespass on a school bus; school grounds or children's camp”

Sponsor Fred ThieleAD-1+5 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill creates criminal penalties for trespassing on school grounds, children's camps, or school buses, requires new school bus signage, and mandates safety training for bus drivers.

Why it matters

  1. Introduces severe criminal penalties for unauthorized entry or damage to school property. trespassing on school grounds or children’s camps becomes a class C felony, signaling a major increase in the legal consequences for such actions and aiming to deter threats to child safety.

  2. Creates specific misdemeanor and felony offenses for school bus intrusions. the law differentiates between second-degree (class A misdemeanor) and first-degree (class C felony) trespass on school buses, with harsher penalties if weapons are involved, reflecting heightened concern about potential violence during student transport.

  3. Mandates clear new signage on all school buses. school buses will be required to display notices warning that only authorized individuals may board and that violations may result in criminal charges, potentially reducing incidents by making legal risks explicit to would-be trespassers.

  4. Requires enhanced safety training for bus drivers. professional development for school bus drivers must now include specific instruction on handling violent incidents, intrusions, and active shooter scenarios, promoting preparedness and potentially saving lives during emergencies.

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Who cares

Headline styles

Ban Trespassing on School Buses

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Fred Thiele

Assembly Member · Assembly District 1

2 Multi-sponsors

History

  1. Referred to codes
  2. 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.

S5189Senate

Criminalize School Bus Trespass

In Senate Committee · Codes · Sponsor Anna Kaplan

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6535

2019-2020 Regular Sessions

IN ASSEMBLY

March 11, 2019

Introduced by M. of A. THIELE, SANTABARBARA, McDONOUGH, D'URSO, RAIA -- Multi-Sponsored by -- M. of A. GALEF, RA -- read once and referred 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 Assembly, do enact as follows:

Section 1. The penal law is amended by adding a new section 140.09 to read as follows: § 140.09 Criminal trespass on school grounds or children's camp.

A person is guilty of criminal trespass on school grounds or children's camp when he or she commits the crime of criminal trespass in the first degree pursuant to section 140.17 of this article and such building or grounds is utilized as an elementary or secondary school or a children's overnight camp or a summer day camp as defined in section thirteen hundred ninety-two of the public health law in violation of conspicuously posted rules or regulations governing entry and use thereof.

Criminal trespass on school grounds or children's camp is a class C felony.

§ 2. The penal law is amended by adding a new section 140.18 to read as follows: § 140.18 Criminal trespass on a school bus in the second degree.

1. A person is guilty of criminal trespass on a school bus in the second degree when he or she:

(a) Willfully demolishes, destroys, defaces, injures, burns, or damages any public school bus.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09325-02-9

A. 6535 2

(b) Enters a public school bus while the door is open to load or unload students, while at a railroad grade crossing, or after being forbidden from doing so by the authorized school bus driver in charge of the bus, or upon demand of a principal of a school to which the bus is assigned or other duly authorized school system official.

(c) As an occupant of a public school bus, refuses to leave the bus on demand of the authorized school bus driver in charge of the bus, or upon demand of a principal of a school to which the bus is assigned or other duly authorized school system official.

(d) Willfully stops, impedes, delays, or detains any public school bus being operated for public school purposes.

2. Paragraphs (b), (c), and (d) of subdivision one of this section shall not apply to a child who is less than sixteen years of age or to authorized school personnel who are boarding the school bus as part of their job assignment.

Criminal trespass on a school bus in the second degree is a class A misdemeanor.

§ 3. The penal law is amended by adding a new section 140.19 to read as follows: § 140.19 Criminal trespass on a school bus in the first degree.

A person is guilty of criminal trespass on a school bus in the first degree when he or she commits the crime of criminal trespass on a school bus in the second degree pursuant to section 140.18 of this article and when, in the course of committing such crime, he or she:

1. Possesses, or knows that another participant in the crime possesses, an explosive or a deadly weapon; or

2. Possesses a firearm, rifle or shotgun, as those terms are defined in section 265.00 of this part, and also possesses or has readily accessible a quantity of ammunition which is capable of being discharged from such firearm, rifle or shotgun; or

3. Knows that another participant in the crime possesses a firearm, rifle or shotgun under circumstances described in subdivision two of this section.

Criminal trespass on a school bus in the first degree is a class C felony.

§ 4. Section 375 of the vehicle and traffic law is amended by adding a new subdivision 21-j to read as follows:

21-j. The commissioner shall, in consultation with the commissioner of transportation, promulgate rules and regulations for signage on school buses advising that individuals may not enter the school bus unless authorized by the school bus driver who is in charge of the bus and that failure to comply may be subject to criminal charges.

§ 5. Paragraph c of subdivision 1 of section 3650 of the education law, as amended by chapter 181 of the laws of 2007, is amended to read as follows:

c. Develop and conduct professional development school bus driver safety training seminars statewide, which shall include but not be limited to training related to techniques for managing violent incidents, intrusions and active shooters on school buses.

§ 6. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

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.