S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5014--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 14, 2013
                                      ___________
       Introduced by M. of A. CROUCH -- read once and referred to the Committee
         on  Codes  -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the penal law and the education law, in relation to  the
         use  of electronic dart guns or electronic stun guns on school grounds
         and school buses by school safety agents
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision a of section 265.20 of the penal law is amended
    2  by adding a new paragraph 17 to read as follows:
    3    17. POSSESSION OR USE OF AN ELECTRONIC DART GUN OR ELECTRONIC STUN GUN
    4  AS  DEFINED IN SUBDIVISIONS FIFTEEN-A AND FIFTEEN-C OF SECTION 265.00 OF
    5  THIS ARTICLE BY SCHOOL SAFETY AGENTS ON SCHOOL GROUNDS OR  SCHOOL  BUSES
    6  AS  AUTHORIZED UNDER SECTION TWENTY-EIGHT HUNDRED ONE-C OF THE EDUCATION
    7  LAW.
    8    S 2. The education law is amended by adding a new  section  2801-c  to
    9  read as follows:
   10    S  2801-C.  USE  OF  ELECTRONIC  DART  GUNS OR ELECTRONIC STUN GUNS ON
   11  SCHOOL GROUNDS OR SCHOOL BUSES BY SCHOOL SAFETY AGENTS. 1. A. THE  BOARD
   12  OF EDUCATION, BOARD OF TRUSTEES, OR SOLE TRUSTEE OF ANY SCHOOL OR SCHOOL
   13  DISTRICT, WHETHER PUBLIC, PRIVATE, OR CHARTER, MAY AUTHORIZE THE PRINCI-
   14  PAL  OR  THE  PRINCIPAL'S  OR  SUPERINTENDENT'S DESIGNEE OR DESIGNEES TO
   15  POSSESS AN ELECTRONIC DART GUN OR ELECTRONIC  STUN  GUN  ON  THE  SCHOOL
   16  GROUNDS  OF  EACH SCHOOL WITHIN THE SCHOOL DISTRICT OR ON ANY SCHOOL BUS
   17  BEING USED BY THE SCHOOL DISTRICT. SUCH INDIVIDUAL SHALL BE DESIGNATED A
   18  SCHOOL SAFETY AGENT.
   19    B. AN INDIVIDUAL SHALL BE DESIGNATED A SCHOOL SAFETY AGENT ONLY IF (I)
   20  HE OR SHE IS NOT PROHIBITED BY STATE OR FEDERAL LAW  FROM  POSSESSING  A
   21  FIREARM, RIFLE OR SHOTGUN; AND (II) HE OR SHE HAS SUCCESSFULLY COMPLETED
   22  A  COURSE  OF TRAINING APPROVED BY THE SUPERINTENDENT OF STATE POLICE IN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08711-04-3
       A. 5014--A                          2
    1  THE USE OF DEADLY PHYSICAL FORCE AND THE USE OF ELECTRONIC DART GUNS  OR
    2  ELECTRONIC STUN GUNS.
    3    C.  THE  BOARD OF EDUCATION, BOARD OF TRUSTEES, OR SOLE TRUSTEE OF ANY
    4  SCHOOL OR SCHOOL DISTRICT, IN CONSULTATION WITH  THE  SUPERINTENDENT  OF
    5  THE  STATE POLICE, SHALL ADOPT A WRITTEN POLICY SPECIFYING THE MANNER IN
    6  WHICH THE  ELECTRONIC  DART  GUNS  OR  ELECTRONIC  STUN  GUNS  SHALL  BE
    7  POSSESSED  AND  THE CIRCUMSTANCES UNDER WHICH A DART GUN OR STUN GUN MAY
    8  BE USED.
    9    D. EVERY SCHOOL OR SCHOOL DISTRICT SHALL REPORT TO THE  SUPERINTENDENT
   10  OF  STATE  POLICE,  THE NAMES OF ALL SCHOOL EMPLOYEES WHO HAVE SATISFAC-
   11  TORILY COMPLETED THE TRAINING REQUIREMENTS AND THE NAMES OF ALL  PERSONS
   12  DESIGNATED  AS  SCHOOL  SAFETY  AGENTS.  EVERY SCHOOL OR SCHOOL DISTRICT
   13  SHALL REPORT TO THE SUPERINTENDENT OF STATE POLICE,  THE  NAMES  OF  ALL
   14  SCHOOL  EMPLOYEES THAT ARE NO LONGER DESIGNATED AS A SCHOOL SAFETY AGENT
   15  AND THE DATE WHEN SUCH DESIGNATION WAS REMOVED.
   16    E. NO PERSON SERVING AS A SCHOOL SAFETY AGENT SHALL BE LIABLE  TO  ANY
   17  PERSON WHILE SERVING IN SUCH CAPACITY BASED ON HIS OR HER CONDUCT IN THE
   18  EXECUTION  OF  SUCH  POSITION  UNLESS  THE CONDUCT OF SUCH SCHOOL SAFETY
   19  AGENT WITH RESPECT TO THE PERSON ASSERTING LIABILITY  CONSTITUTED  GROSS
   20  NEGLIGENCE  OR  WAS  INTENDED TO MALICIOUSLY CAUSE THE RESULTING HARM TO
   21  THE PERSON ASSERTING LIABILITY.
   22    2. FOR THE PURPOSES OF THIS SECTION:
   23    A. THE TERM "SCHOOL SAFETY AGENT" SHALL  MEAN  THE  PRINCIPAL  OR  THE
   24  PRINCIPAL'S  OR  SUPERINTENDENT'S  DESIGNEE  OR  DESIGNEES AUTHORIZED TO
   25  POSSESS AN ELECTRONIC DART GUN OR ELECTRONIC STUN GUN ON SCHOOL  GROUNDS
   26  OR ON A SCHOOL BUS PURSUANT TO THIS SECTION.
   27    B.  THE  TERM "ELECTRONIC DART GUN" SHALL HAVE THE SAME MEANING AS SET
   28  FORTH IN SUBDIVISION FIFTEEN-A OF SECTION 265.00 OF THE PENAL LAW.
   29    C. THE TERM "ELECTRONIC STUN GUN" SHALL HAVE THE SAME MEANING  AS  SET
   30  FORTH IN SUBDIVISION FIFTEEN-C OF SECTION 265.00 OF THE PENAL LAW.
   31    D. THE TERM "SCHOOL GROUNDS" SHALL MEAN IN, ON OR WITHIN ANY BUILDING,
   32  STRUCTURE,  ATHLETIC  PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN
   33  THE REAL PROPERTY BOUNDARY LINE OF ANY ELEMENTARY, INTERMEDIATE,  JUNIOR
   34  HIGH, VOCATIONAL, OR HIGH SCHOOL, WHETHER PUBLIC, PRIVATE, OR CHARTER.
   35    E.  THE  TERM "SCHOOL BUS" SHALL HAVE THE SAME MEANING AS SET FORTH IN
   36  SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW.
   37    S 3. This act shall take effect immediately.