New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A02257 Summary:

A02257 Actions:

A02257 Floor Votes:

A02257 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2257--B
                                                                Cal. No. 187
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2009
                                       ___________
 
        Introduced  by  M. of A. STIRPE, ALFANO, KOON, GUNTHER, JOHN, BENEDETTO,
          COLTON, FIELDS -- Multi-Sponsored  by  --  M.  of  A.  ABBATE,  BARRA,
          BOYLAND,  CHRISTENSEN, DelMONTE, DESTITO, GALEF, GORDON, HYER-SPENCER,
          MAYERSOHN, PHEFFER, WEISENBERG  --  read  once  and  referred  to  the

          Committee  on  Codes  --  reported from committee, advanced to a third
          reading, amended and ordered reprinted, retaining  its  place  on  the
          order  of  third  reading  --  passed by Assembly and delivered to the
          Senate, recalled from the Senate,  vote  reconsidered,  bill  amended,
          ordered reprinted, retaining its place on the order of third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05042-04-0
        A. 2257--B                          2
 
     1  the  person's  designated polling place and he or she enters such school
     2  building for the limited purpose of voting; or if the person enters such

     3  school building for the limited purposes authorized by  the  superinten-
     4  dent or chief administrator of such school.
     5    Criminal trespass in the second degree is a class A misdemeanor.
     6    § 2. This act shall take effect on the first of November next succeed-
     7  ing the date on which it shall have become a law.