A 7347: 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.

  
  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 stands charged with a qualifying offense, the 23 court, unless otherwise prohibited by law, may in its discretion release 24 the principal pending trial on the principal's own recognizance or under 25 non-monetary conditions, fix bail, or order non-monetary conditions in 26 conjunction with fixing bail, or, where the defendant is charged with a 27 qualifying offense which is a felony or criminal trespass in the third 28 degree as defined in subdivision (h) of section 140.10 of the penal law, 29 the court may commit the principal to the custody of the sheriff. A 30 principal stands charged with a qualifying offense for the purposes of 31 this subdivision when [he or she] such principal stands charged with: 32 (t) any felony or class A misdemeanor involving harm to an identifi- 33 able person or property, or any charge of criminal possession of a 34 firearm as defined in section 265.01-b of the penal law, where such 35 charge arose from conduct occurring while the defendant was released on 36 [his or her] their own recognizance, released under conditions, or had 37 yet to be arraigned after the issuance of a desk appearance ticket for a 38 separate felony or class A misdemeanor involving harm to an identifiable 39 person or property, or any charge of criminal possession of a firearm as 40 defined in section 265.01-b of the penal law, provided, however, that 41 the prosecutor must show reasonable cause to believe that the defendant 42 committed the instant crime and any underlying crime. For the purposes 43 of this subparagraph, any of the underlying crimes need not be a quali- 44 fying offense as defined in this subdivision. For the purposes of this 45 paragraph, "harm to an identifiable person or property" shall include 46 but not be limited to theft of or damage to property. However, based 47 upon a review of the facts alleged in the accusatory instrument, if the 48 court determines that such theft is negligible and does not appear to be 49 in furtherance of other criminal activity, the principal shall be 50 released on [his or her] their own recognizance or under appropriate 51 non-monetary conditions; [or] 52 (u) criminal possession of a weapon in the third degree as defined in 53 subdivision three of section 265.02 of the penal law or criminal sale of 54 a firearm to a minor as defined in section 265.16 of the penal law[.]; 55 or 
 A. 7347 3 1 (v) criminal trespass in the third degree as defined in subdivision 2 (h) of section 140.10 of the penal law. 3 § 3. The opening paragraph and subparagraphs (xx) and (xxi) of para- 4 graph (b) of subdivision 1 of section 530.20 of the criminal procedure 5 law, the opening paragraph as amended by section 6 of subpart A of part 6 VV of chapter 56 of the laws of 2023 and subparagraph (xx) as amended 7 and subparagraph (xxi) as added by section 4 of subpart C of part UU of 8 chapter 56 of the laws of 2022, are amended and a new subparagraph 9 (xxii) is added to read as follows: 10 Where the principal stands charged with a qualifying offense, the 11 court, unless otherwise prohibited by law, may in its discretion release 12 the principal pending trial on the principal's own recognizance or under 13 non-monetary conditions, fix bail, order non-monetary conditions in 14 conjunction with fixing bail, or, where the defendant is charged with a 15 qualifying offense which is a felony or criminal trespass in the third 16 degree as defined in subdivision (h) of section 140.10 of the penal law, 17 the court may commit the principal to the custody of the sheriff. The 18 court shall explain its choice of securing order on the record or in 19 writing. A principal stands charged with a qualifying offense when [he 20 or she] such principal stands charged with: 21 (xx) any felony or class A misdemeanor involving harm to an identifi- 22 able person or property, or any charge of criminal possession of a 23 firearm as defined in section 265.01-b of the penal law where such 24 charge arose from conduct occurring while the defendant was released on 25 [his or her] their own recognizance, released under conditions, or had 26 yet to be arraigned after the issuance of a desk appearance ticket for a 27 separate felony or class A misdemeanor involving harm to an identifiable 28 person or property, provided, however, that the prosecutor must show 29 reasonable cause to believe that the defendant committed the instant 30 crime and any underlying crime. For the purposes of this subparagraph, 31 any of the underlying crimes need not be a qualifying offense as defined 32 in this subdivision. For the purposes of this paragraph, "harm to an 33 identifiable person or property" shall include but not be limited to 34 theft of or damage to property. However, based upon a review of the 35 facts alleged in the accusatory instrument, if the court determines that 36 such theft is negligible and does not appear to be in furtherance of 37 other criminal activity, the principal shall be released on [his or her] 38 their own recognizance or under appropriate non-monetary conditions; 39 [or] 40 (xxi) criminal possession of a weapon in the third degree as defined 41 in subdivision three of section 265.02 of the penal law or criminal sale 42 of a firearm to a minor as defined in section 265.16 of the penal 43 law[.]; or 44 (xxii) criminal trespass in the third degree as defined in subdivision 45 (h) of section 140.10 of the penal law. 46 § 4. The opening paragraph and paragraphs (t) and (u) of subdivision 4 47 of section 530.40 of the criminal procedure law, the opening paragraph 48 as amended by section 8 of subpart A of part VV of chapter 56 of the 49 laws of 2023, paragraph (t) as amended and paragraph (u) as added by 50 section 4 of subpart B of part UU of chapter 56 of the laws of 2022, are 51 amended and a new paragraph (v) is added to read as follows: 52 Where the principal stands charged with a qualifying offense, the 53 court, unless otherwise prohibited by law, may in its discretion, and in 54 accordance with section 510.10 of this title, release the principal 55 pending trial on the principal's own recognizance or under non-monetary 56 conditions, fix bail, or order non-monetary conditions in conjunction 
 A. 7347 4 1 with fixing bail, or, where the defendant is charged with a qualifying 2 offense which is a felony or criminal trespass in the third degree as 3 defined in subdivision (h) of section 140.10 of the penal law, the court 4 may commit the principal to the custody of the sheriff. The court shall 5 explain the basis for its determination and its choice of securing order 6 on the record or in writing. A principal stands charged with a qualify- 7 ing offense for the purposes of this subdivision when [he or she] such 8 principal stands charged with: 9 (t) any felony or class A misdemeanor involving harm to an identifi- 10 able person or property, or any charge of criminal possession of a 11 firearm as defined in section 265.01-b of the penal law, where such 12 charge arose from conduct occurring while the defendant was released on 13 [his or her] their own recognizance, released under conditions, or had 14 yet to be arraigned after the issuance of a desk appearance ticket for a 15 separate felony or class A misdemeanor involving harm to an identifiable 16 person or property, or any charge of criminal possession of a firearm as 17 defined in section 265.01-b of the penal law, provided, however, that 18 the prosecutor must show reasonable cause to believe that the defendant 19 committed the instant crime and any underlying crime. For the purposes 20 of this subparagraph, any of the underlying crimes need not be a quali- 21 fying offense as defined in this subdivision. For the purposes of this 22 paragraph, "harm to an identifiable person or property" shall include 23 but not be limited to theft of or damage to property. However, based 24 upon a review of the facts alleged in the accusatory instrument, if the 25 court determines that such theft is negligible and does not appear to be 26 in furtherance of other criminal activity, the principal shall be 27 released on [his or her] their own recognizance or under appropriate 28 non-monetary conditions; [or] 29 (u) criminal possession of a weapon in the third degree as defined in 30 subdivision three of section 265.02 of the penal law or criminal sale of 31 a firearm to a minor as defined in section 265.16 of the penal law[.]; 32 or 33 (v) criminal trespass in the third degree as defined in subdivision 34 (h) of section 140.10 of the penal law. 35 § 5. This act shall take effect immediately.