STATE OF NEW YORK ________________________________________________________________________ 1620 2023-2024 Regular Sessions IN SENATE January 13, 2023 ___________ Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to including certain activity in transit and transportation facilities within 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. Subdivision 2 of section 140.15 of the penal law, as 2 amended by chapter 315 of the laws of 2010, is amended and a new subdi- 3 vision 3 is added to read as follows: 4 2. being a person required to maintain registration under article 5 six-C of the correction law and designated a level two or level three 6 offender pursuant to subdivision six of section one hundred 7 sixty-eight-l of the correction law, he or she enters or remains in a 8 public or private elementary, parochial, intermediate, junior high, 9 vocational or high school knowing that the victim of the offense for 10 which such registration is required attends or formerly attended such 11 school. It shall not be an offense subject to prosecution under this 12 subdivision if: the person is a lawfully registered student at such 13 school; the person is a lawful student participant in a school sponsored 14 event; the person is a parent or a legal guardian of a lawfully regis- 15 tered student at such school and enters the school for the purpose of 16 attending their child's or dependent's event or activity; such school is 17 the person's designated polling place and he or she enters such school 18 building for the limited purpose of voting; or if the person enters such 19 school building for the limited purposes authorized by the superinten- 20 dent or chief administrator of such school[.]; or 21 3. he or she knowingly enters or remains unlawfully in a transit 22 facility as defined under section twelve hundred of the public authori- 23 ties law or a transportation facility as defined under section twelve 24 hundred sixty-one of the public authorities law. 25 § 2. This act shall take effect on the first of November next succeed- 26 ing the date on which it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04352-01-3