Prohibits recording of the entrance or exit of a school ground or the entrance or exit to a property that contains school grounds within its boundaries.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4678A
SPONSOR: Lavine TITLE OF BILL:
An act to amend the penal law, in relation to prohibiting recording of
the entrance of a school ground
PURPOSE:
To prevent recording of students, faculty, and staff within the New York
school system.
SUMMARY OF PROVISIONS:
Section 1: This bill would amend penal law section 240.26, Harassment in
the Second Degree, by adding a new subdivision 4. Under this new subdi-
vision, it is a violation when someone with the intent to harass, annoy
or alarm another person broadcasts or records the entrance or exit of a
school ground.
Section 2: Sets effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:
The A-print adds a new subdivision to Harassment in the Second Degree to
incorporate the new crime that would have been established under the
original version of the bill.
JUSTIFICATION:
When students, faculty, and staff arrive at school, they should not be
subjected to the harassment of unauthorized surveillance from nearby
onlookers. This is a matter of safety and concern for the students,
faculty, and staff.
LEGISLATIVE HISTORY:
2024: A9390 Codes S8422C Passed Senate
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 a law.
STATE OF NEW YORK
________________________________________________________________________
4678--A
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law, in relation to prohibiting recording of
the entrance of a school ground
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 240.26 of the penal law, as amended by chapter 109
2 of the laws of 1994, is amended to read as follows:
3 § 240.26 Harassment in the second degree.
4 A person is guilty of harassment in the second degree when, with
5 intent to harass, annoy or alarm another person:
6 1. [He or she] The actor strikes, shoves, kicks or otherwise subjects
7 such other person to physical contact, or attempts or threatens to do
8 the same; or
9 2. [He or she] The actor follows a person in or about a public place
10 or places; or
11 3. [He or she] The actor engages in a course of conduct or repeatedly
12 commits acts which alarm or seriously annoy such other person and which
13 serve no legitimate purpose[.]; or
14 4. The actor either (a) broadcasts or records the entrance or exit to
15 school grounds or the entrance or exit to a property that contains
16 school grounds within its boundaries; or (b) uses or installs, or
17 permits the utilization or installation of a mechanical, digital or
18 electronic viewing device, camera, cellular phone or any other instru-
19 ment capable of recording, storing or transmitting visual images to
20 view, broadcast or record an entrance or exit to a school ground or an
21 entry or exit to a property that contains school grounds within its
22 boundaries.
23 Subdivisions two and three of this section shall not apply to activ-
24 ities regulated by the national labor relations act, as amended, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04760-02-5
A. 4678--A 2
1 railway labor act, as amended, or the federal employment labor manage-
2 ment act, as amended.
3 Harassment in the second degree is a violation.
4 § 2. This act shall take effect on the first of November next succeed-
5 ing the date on which it shall have become a law.
