What's happening
This bill creates new criminal penalties for trespassing on school grounds, children's camps, or school buses, mandates warning signs on buses, and adds safety training for bus drivers.
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Headline styles
Criminalize School Bus Trespass
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
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.
Ban Trespassing on School Buses
In Assembly Committee · Codes · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 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
S. 5189 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to estab- lishing 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
Purpose
To ensure a safer environment for our school children, school personnel and school bus drivers while on board a school bus.
Summary of provisions
Section 1: Amends the Penal Law by adding a new section 140.09 to estab- lish the crime of criminal trespass on school grounds or children's camp (class C felony).
Section 2: Amends the Penal Law by adding a new section 140.18 estab- lishing the crime of criminal trespass on a school bus in the second degree (class A misdemeanor).
Section 3: Amends the Penal Law by adding a new section 140.19 estab- lishing the crime of criminal trespass on a school bus in the first degree (class C felony).
Section 4. Amends subdivision 21-j Section 375 of the Vehicle and Traf- fic Law requiring the New York State Education Commissioner, in consul- tation the Transportation Commissioner, to promulgate rules and regu- lations for signage on school buses advertising 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 crimi- nal charges.
Section 5. Paragraph c of subdivision 1 of Section 3650of the Education Law is amended to require that training seminars for school bus safety training include training related to techniques for managing violent incidents, intrusions and active shooters on school buses.
Section 6. Effective Date
Justification
In the wake of recent tragedies, there is a need to employ stiffer crim- inal penalties for trespassing on school grounds and school buses. This bill provides an added measure of safety and security to students, teachers and school employees as well as to school bus drivers and their passengers. By increasing criminal penalties we will be deterring such acts and sending a loud message that New York State will not stand for violent acts against school children.
This bill would also provide for signage on school buses clarifying that unauthorized boardings are not allowed. It would also require training for school bus drivers to prepare them for intrusions and violent inci- dents, thereby enabling them to protect themselves and the children
aboard the bus. Similar legislation has been enacted by the Alabama State Legislature.
Legislative history
2017-18: A.4178; 2015-16: A.5659-A 2013-14: A.6385
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.