S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5014
                              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
       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
         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 AS AUTHORIZED
    6  UNDER SECTION TWENTY-EIGHT HUNDRED ONE-C OF THE EDUCATION LAW.
    7    S 2. The education law is amended by adding a new  section  2801-c  to
    8  read as follows:
    9    S  2801-C.  USE  OF  ELECTRONIC  DART  GUNS OR ELECTRONIC STUN GUNS ON
   10  SCHOOL GROUNDS BY SCHOOL SAFETY AGENTS. 1. A. THE BOARD OF EDUCATION AND
   11  THE TRUSTEES OR SOLE TRUSTEE OF EVERY SCHOOL DISTRICT MAY AUTHORIZE  THE
   12  PRINCIPAL  OR  THE PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE OR DESIGNEES
   13  TO POSSESS AN ELECTRONIC DART GUN OR ELECTRONIC STUN GUN ON  THE  SCHOOL
   14  GROUNDS OF EACH SCHOOL WITHIN THE SCHOOL DISTRICT. SUCH INDIVIDUAL SHALL
   15  BE DESIGNATED A SCHOOL SAFETY AGENT.
   16    B. AN INDIVIDUAL SHALL BE DESIGNATED A SCHOOL SAFETY AGENT ONLY IF (I)
   17  HE  OR  SHE  IS NOT PROHIBITED BY STATE OR FEDERAL LAW FROM POSSESSING A
   18  FIREARM, RIFLE OR SHOTGUN; AND (II) HE OR SHE HAS SUCCESSFULLY COMPLETED
   19  A COURSE OF TRAINING APPROVED BY THE SUPERINTENDENT OF STATE  POLICE  IN
   20  THE  USE OF DEADLY PHYSICAL FORCE AND THE USE OF ELECTRONIC DART GUNS OR
   21  ELECTRONIC STUN GUNS.
   22    C. THE BOARD OF EDUCATION AND THE TRUSTEES OR SOLE  TRUSTEE  OF  EVERY
   23  SCHOOL  DISTRICT,  IN  CONSULTATION WITH THE SUPERINTENDENT OF THE STATE
   24  POLICE, SHALL ADOPT A WRITTEN POLICY SPECIFYING THE MANNER IN WHICH  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08711-02-3
       A. 5014                             2
    1  ELECTRONIC  DART GUNS OR ELECTRONIC STUN GUNS SHALL BE POSSESSED AND THE
    2  CIRCUMSTANCES UNDER WHICH A DART GUN OR STUN GUN MAY BE USED.
    3    D.  EVERY  SCHOOL DISTRICT SHALL REPORT TO THE SUPERINTENDENT OF STATE
    4  POLICE, THE NAMES  OF  ALL  SCHOOL  EMPLOYEES  WHO  HAVE  SATISFACTORILY
    5  COMPLETED  THE TRAINING REQUIREMENTS AND THE NAMES OF ALL PERSONS DESIG-
    6  NATED AS SCHOOL SAFETY AGENTS. EVERY SCHOOL DISTRICT SHALL REPORT TO THE
    7  SUPERINTENDENT OF STATE POLICE, THE NAMES OF ALL SCHOOL  EMPLOYEES  THAT
    8  ARE NO LONGER DESIGNATED AS A SCHOOL SAFETY AGENT AND THE DATE WHEN SUCH
    9  DESIGNATION WAS REMOVED.
   10    E.  NO  PERSON SERVING AS A SCHOOL SAFETY AGENT SHALL BE LIABLE TO ANY
   11  PERSON WHILE SERVING IN SUCH CAPACITY BASED ON HIS OR HER CONDUCT IN THE
   12  EXECUTION OF SUCH POSITION UNLESS THE  CONDUCT  OF  SUCH  SCHOOL  SAFETY
   13  AGENT  WITH  RESPECT TO THE PERSON ASSERTING LIABILITY CONSTITUTED GROSS
   14  NEGLIGENCE OR WAS INTENDED TO MALICIOUSLY CAUSE THE  RESULTING  HARM  TO
   15  THE PERSON ASSERTING LIABILITY.
   16    2. FOR THE PURPOSES OF THIS SECTION:
   17    A.  THE  TERM  "SCHOOL  SAFETY  AGENT" SHALL MEAN THE PRINCIPAL OR THE
   18  PRINCIPAL'S OR SUPERINTENDENT'S  DESIGNEE  OR  DESIGNEES  AUTHORIZED  TO
   19  POSSESS  AN ELECTRONIC DART GUN OR ELECTRONIC STUN GUN ON SCHOOL GROUNDS
   20  PURSUANT TO THIS SECTION.
   21    B. THE TERM "ELECTRONIC DART GUN" SHALL HAVE THE SAME MEANING  AS  SET
   22  FORTH IN SUBDIVISION FIFTEEN-A OF SECTION 265.00 OF THE PENAL LAW.
   23    C.  THE  TERM "ELECTRONIC STUN GUN" SHALL HAVE THE SAME MEANING AS SET
   24  FORTH IN SUBDIVISION FIFTEEN-C OF SECTION 265.00 OF THE PENAL LAW.
   25    D. THE TERM "SCHOOL GROUNDS" SHALL MEAN IN, ON OR WITHIN ANY BUILDING,
   26  STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN
   27  THE  REAL  PROPERTY  BOUNDARY LINE OF A PUBLIC ELEMENTARY, INTERMEDIATE,
   28  JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL.
   29    S 3. This act shall take effect immediately.