What's happening
This bill expands second-degree criminal trespass to include unlawfully entering or remaining in transit or transportation facilities.
Why it matters
Expands criminal liability for trespass. By including transit and transportation facilities, the bill makes it a second-degree criminal offense to enter or remain unlawfully in places like subways, train stations, or bus terminals, in addition to private residences and schools.
Potential for increased arrests and enforcement. The change could lead to more policing and arrests in transit areas, affecting individuals who may be in these spaces without authorization, whether intentionally or due to confusion about access.
Addresses safety and security concerns. The amendment aims to deter unauthorized presence in critical infrastructure, responding to concerns about public safety, terrorism, or disruptions in busy transit hubs.
Possible impacts on vulnerable populations. The law could disproportionately impact homeless individuals or others who use transit facilities for shelter, leading to criminal charges for behavior previously addressed by other means.
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Who cares
Headline styles
Expand Transit Trespass Laws
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 Trespass Law to Subways
In Assembly Committee · Codes · Sponsor Stacey Pheffer Amato
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2491
2019-2020 Regular Sessions
IN SENATE
January 25, 2019
Introduced by Sen. ADDABBO -- 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 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to includ- ing certain activity in transit and transportation facilities within the crime of criminal trespass in the second degree
Purpose
To establish a criminal penalty for trespassing and vandalism of a public transportation system which results in damage and disruption of service.
Summary of provisions
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 reflect that an individual who knowingly enters or remains unlawfully in a transit facility under section twelve hundred of the public authorities law or a transportation facility as defined under section 1261 of the public authorities law.
Justification
On May 27, 2015, the A and C subway trains in Queens lost power at approximately midnight. After investigating the power failure, MTA offi- cials discovered that the train was vandalized by individuals who stole more than 500 feet of copper wire by cutting through a cable box. Some signal equipment and track components were also damaged by the elec- trical current that could not flow through the cable.
The power cable theft disrupted service on the entire A and C lines during the morning commute, and shuttle buses were brought in to trans- port thousands of Rockaway Beach residents to work. In addition to the expense and the disruption of service to commuters, the vandals risked their lives on the high voltage tracks to commit the theft.
This legislation seeks to seeks to establish penalties for theft of transit system equipment within the penal law in order to deter this type of crime.
Legislative history
2017: S. 3677 - Passed Senate. 2018: S. 3677 - Referred to Senate Codes Committee.
Fiscal implications
None.
Effective date
On the first day of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.