Add §§140.09, 140.18 & 140.19, Pen L; amd §375, V & T L; amd §3650, Ed L
Establishes the crimes of criminal trespass on a school bus, school grounds or children's camp; requires the commissioner of motor vehicles, in consultation with the commissioner of transportation, to promulgate rules and regulations for certain signage on school buses; relates to professional development school bus driver safety training seminars statewide.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6050
SPONSOR: Schiavoni TITLE OF BILL:
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
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 Section 375 of the Vehicle and Traffic Law by adding a
new subdivision 21-k requiring the New York State Education Commission-
er, in consultation the Transportation Commissioner, to promulgate rules
and regulations 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
criminal charges.
Section 5. Paragraph c of Law is amended to require training include
training incidents, intrusions and subdivision 1 of Section 3650 of the
Education that training seminars for school bus safety related to tech-
niques for managing violent active shooters on school buses.
Section 6. Effective Date
STATE OF NEW YORK
________________________________________________________________________
6050
2025-2026 Regular Sessions
IN ASSEMBLY
February 26, 2025
___________
Introduced by M. of A. SCHIAVONI -- 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 Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 140.09 to
2 read as follows:
3 § 140.09 Criminal trespass on school grounds or children's camp.
4 A person is guilty of criminal trespass on school grounds or chil-
5 dren's camp when he or she commits the crime of criminal trespass in the
6 first degree pursuant to section 140.17 of this article and such build-
7 ing or grounds is utilized as an elementary or secondary school or a
8 children's overnight camp or a summer day camp as defined in section
9 thirteen hundred ninety-two of the public health law in violation of
10 conspicuously posted rules or regulations governing entry and use there-
11 of.
12 Criminal trespass on school grounds or children's camp is a class C
13 felony.
14 § 2. The penal law is amended by adding a new section 140.18 to read
15 as follows:
16 § 140.18 Criminal trespass on a school bus in the second degree.
17 1. A person is guilty of criminal trespass on a school bus in the
18 second degree when he or she:
19 (a) Willfully demolishes, destroys, defaces, injures, burns, or
20 damages any public school bus.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01169-01-5
A. 6050 2
1 (b) Enters a public school bus while the door is open to load or
2 unload students, while at a railroad grade crossing, or after being
3 forbidden from doing so by the authorized school bus driver in charge of
4 the bus, or upon demand of a principal of a school to which the bus is
5 assigned or other duly authorized school system official.
6 (c) As an occupant of a public school bus, refuses to leave the bus on
7 demand of the authorized school bus driver in charge of the bus, or upon
8 demand of a principal of a school to which the bus is assigned or other
9 duly authorized school system official.
10 (d) Willfully stops, impedes, delays, or detains any public school bus
11 being operated for public school purposes.
12 2. Paragraphs (b), (c), and (d) of subdivision one of this section
13 shall not apply to a child who is less than sixteen years of age or to
14 authorized school personnel who are boarding the school bus as part of
15 their job assignment.
16 Criminal trespass on a school bus in the second degree is a class A
17 misdemeanor.
18 § 3. The penal law is amended by adding a new section 140.19 to read
19 as follows:
20 § 140.19 Criminal trespass on a school bus in the first degree.
21 A person is guilty of criminal trespass on a school bus in the first
22 degree when he or she commits the crime of criminal trespass on a school
23 bus in the second degree pursuant to section 140.18 of this article and
24 when, in the course of committing such crime, he or she:
25 1. Possesses, or knows that another participant in the crime
26 possesses, an explosive or a deadly weapon; or
27 2. Possesses a firearm, rifle or shotgun, as those terms are defined
28 in section 265.00 of this part, and also possesses or has readily acces-
29 sible a quantity of ammunition which is capable of being discharged from
30 such firearm, rifle or shotgun; or
31 3. Knows that another participant in the crime possesses a firearm,
32 rifle or shotgun under circumstances described in subdivision two of
33 this section.
34 Criminal trespass on a school bus in the first degree is a class C
35 felony.
36 § 4. Section 375 of the vehicle and traffic law is amended by adding a
37 new subdivision 21-k to read as follows:
38 21-k. The commissioner shall, in consultation with the commissioner of
39 transportation, promulgate rules and regulations for signage on school
40 buses advising that individuals may not enter the school bus unless
41 authorized by the school bus driver who is in charge of the bus and that
42 failure to comply may be subject to criminal charges.
43 § 5. Paragraph c of subdivision 1 of section 3650 of the education
44 law, as amended by chapter 181 of the laws of 2007, is amended to read
45 as follows:
46 c. Develop and conduct professional development school bus driver
47 safety training seminars statewide, which shall include but not be
48 limited to training related to techniques for managing violent inci-
49 dents, intrusions and active shooters on school buses.
50 § 6. This act shall take effect on the first of November next succeed-
51 ing the date on which it shall have become a law.
