Establishes a person is guilty of criminal trespass in the second degree when he or she, being required to maintain registration as a sex offender, enters or remains in a school knowing that the victim of his or her offense attends or formerly attended such school.
STATE OF NEW YORK
________________________________________________________________________
1606--B
2009-2010 Regular Sessions
IN SENATE
February 3, 2009
___________
Introduced by Sens. VALESKY, HASSELL-THOMPSON, KLEIN, KRUEGER, SAVINO --
read twice and ordered printed, and when printed to be committed to
the Committee on Codes -- recommitted to the Committee on Codes in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law, in relation to the crime of criminal
trespass in the second degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 140.15 of the penal law, as amended by chapter 341
2 of the laws of 1969, is amended to read as follows:
3 § 140.15 Criminal trespass in the second degree.
4 A person is guilty of criminal trespass in the second degree when:
5 1. he or she knowingly enters or remains unlawfully in a dwelling; or
6 2. being a person required to maintain registration under article
7 six-C of the correction law and designated a level two or level three
8 offender pursuant to subdivision six of section one hundred
9 sixty-eight-l of the correction law, he or she enters or remains in a
10 public or private elementary, parochial, intermediate, junior high,
11 vocational or high school knowing that the victim of the offense for
12 which such registration is required attends or formerly attended such
13 school. It shall not be an offense subject to prosecution under this
14 subdivision if: the person is a lawfully registered student at such
15 school; the person is a lawful student participant in a school sponsored
16 event; the person is a parent or a legal guardian of a lawfully regis-
17 tered student at such school and enters the school for the purpose of
18 attending their child's or dependent's event or activity; such school is
19 the person's designated polling place and he or she enters such school
20 building for the limited purpose of voting; or if the person enters such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05042-05-0
S. 1606--B 2
1 school building for the limited purposes authorized by the superinten-
2 dent or chief administrator of such school.
3 Criminal trespass in the second degree is a class A misdemeanor.
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.
