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: A1698
SPONSOR: Thiele 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 OR GENERAL IDEA OF BILL:
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-j 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
JUSTIFICATION:
In the wake of recent tragedies, there is a need to employ stiffer crim-
inal penalties for trespassing on school grounds and school buses. This
bill provides an added measure of safety and security to students,
teachers and school employees as well as to school bus drivers and their
passengers. By increasing criminal penalties, we will be deterring such
acts and sending a loud message that New York State will not stand for
violent acts against school children.
This bill would also provide for signage on school buses clarifying that
unauthorized boardings are not allowed. It would also require training
for school bus drivers to prepare them for intrusions and violent inci-
dents, thereby enabling them to protect themselves and the children
aboard the bus. Similar legislation has been enacted by the Alabama
State Legislature.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.4015/S.696
2019-20: A.6535/S.5189
2017-18: A.4178/S.2403
2015-16: A.5659-A/S.6512
2013-14: A.6385/S.5122
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.
