New York A 7347: Relates to the crime of criminal trespass in the third degree

Bill Text

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A07347 Summary:

BILL NOA07347 

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SAME ASNo Same As

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SPONSORAngelino

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COSPNSR

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MLTSPNSR

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Amd §140.10, Pen L; amd §§510.10, 530.20 & 530.40, CP L

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Provides that a person is guilty of criminal trespass in the third degree if such person is in any portion of this state after entering the state at any location other than a lawful port of entry or border crossing.

Go to top A07347 Actions:

BILL NOA07347 

&nbsp

03/25/2025referred to codes

01/07/2026referred to codes

Go to topA07347 Committee&nbspVotes:

Go to topA07347 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07347 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7347

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 25, 2025
 ___________

 Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
 tee on Codes

 AN ACT to amend the penal law and the criminal procedure law, in
 relation to criminal trespass

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 140.10 of the penal law, as amended by chapter 192
 2 of the laws of 1987, subdivision (b) as amended by chapter 350 of the
 3 laws of 2001, subdivision (d) as amended and subdivision (e) as added by
 4 chapter 434 of the laws of 1992, subdivision (f) as amended by chapter
 5 338 of the laws of 1997 and subdivision (g) as amended by chapter 176 of
 6 the laws of 2011, is amended to read as follows:
 7 § 140.10 Criminal trespass in the third degree.
 8 A person is guilty of criminal trespass in the third degree when [he]
 9 such person knowingly enters or remains unlawfully in a building or upon
 10 real property:
 11 (a) which is fenced or otherwise enclosed in a manner designed to
 12 exclude intruders; or
 13 (b) where the building is utilized as an elementary or secondary
 14 school or a children's overnight camp as defined in section one thousand
 15 three hundred ninety-two of the public health law or a summer day camp
 16 as defined in section one thousand three hundred ninety-two of the
 17 public health law in violation of conspicuously posted rules or regu-
 18 lations governing entry and use thereof; or
 19 (c) located within a city with a population in excess of one million
 20 and where the building or real property is utilized as an elementary or
 21 secondary school in violation of a personally communicated request to
 22 leave the premises from a principal, custodian or other person in charge
 23 thereof; or
 24 (d) located outside of a city with a population in excess of one
 25 million and where the building or real property is utilized as an

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10876-03-5

 A. 7347 2

 1 elementary or secondary school in violation of a personally communicated
 2 request to leave the premises from a principal, custodian, school board
 3 member or trustee, or other person in charge thereof; or
 4 (e) where the building is used as a public housing project in
 5 violation of conspicuously posted rules or regulations governing entry
 6 and use thereof; or
 7 (f) where a building is used as a public housing project in violation
 8 of a personally communicated request to leave the premises from a hous-
 9 ing police officer or other person in charge thereof; or
 10 (g) where the property consists of a right-of-way or yard of a rail-
 11 road or rapid transit railroad which has been designated and conspicu-
 12 ously posted as a no-trespass railroad zone[.]; or
 13 (h) in any portion of this state after entering the state at any
 14 location other than a lawful port of entry or border crossing.
 15 Criminal trespass in the third degree is a class B misdemeanor.
 16 § 2. The opening paragraph and paragraphs (t) and (u) of subdivision 4
 17 of section 510.10 of the criminal procedure law, the opening paragraph
 18 as added by section 2 of subpart A of part VV of chapter 56 of the laws
 19 of 2023 and paragraph (t) as amended and paragraph (u) as added by
 20 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are
 21 amended and a new paragraph (v) is added to read as follows:
 22 Where the principal stan