Prohibits recording of the entrance of a school ground or the entrance to a property that contains school grounds within its boundaries without prior written permission from a school administrator.
STATE OF NEW YORK
________________________________________________________________________
9390
IN ASSEMBLY
March 6, 2024
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Codes
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. The penal law is amended by adding a new section 250.75 to
2 read as follows:
3 § 250.75 Unlawful surveillance of school property.
4 1. As used in this section:
5 (a) "School ground" means in or on or within any building, structure,
6 athletic playing field, playground or land contained within the real
7 property boundary line of a public or private elementary, parochial,
8 intermediate, junior high, vocational or high school.
9 (b) "School administrator" shall have the same meaning as defined by
10 subdivision six of section one thousand one hundred twenty-five of the
11 education law.
12 2. A person is guilty of unlawful surveillance of school property when
13 they, intentionally or knowingly:
14 (a) broadcasts or records the entrance to a school ground or the
15 entrance to a property that contains school grounds within its bounda-
16 ries; or
17 (b) uses or installs, or permits the utilization or installation of a
18 mechanical, digital or electronic viewing device, camera, cellular phone
19 or any other instrument capable of recording, storing or transmitting
20 visual images to view, broadcast or record an entrance to a school
21 ground or an entry to a property that contains school grounds within its
22 boundaries.
23 3. Nothing in this section shall apply to conduct described in subdi-
24 vision two of this section when such conduct is committed by:
25 (a) the federal government, this state, or a governmental agency;
26 (b) a person under contract with or otherwise acting under the direc-
27 tion or on behalf of the federal government, this state, or a govern-
28 mental entity;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13676-02-4
A. 9390 2
1 (c) a person who has the prior written consent of the school adminis-
2 trator or their designee;
3 (d) a law enforcement agency; or
4 (e) a person under contract with or otherwise acting under the direc-
5 tion or on behalf of a law enforcement agency.
6 Unlawful surveillance of school property shall be punishable only by a
7 fine of not more than one thousand dollars per day.
8 § 2. This act shall take effect on the first of November next succeed-
9 ing the date on which it shall have become a law.