S T A T E   O F   N E W   Y O R K
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                                  6650

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced  by M. of A. TEDISCO, ERRIGO, WALKER -- Multi-Sponsored by --
  M. of  A.  BACALLES,  BURLING,  BUTLER,  CONTE,  CROUCH,  FITZPATRICK,
  HAWLEY, HAYES, KOLB, McKEVITT, MILLER, OAKS, O'MARA, RAIA -- read once
  and referred to the Committee on Codes

AN  ACT  to  amend  the  penal  law  and the highway law, in relation to
  violence committed on school grounds

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short title.  This act shall be known and may be cited as
"Suzanne's Law".
  S 2. The penal law is amended by adding a new section 70.12 to read as
follows:
S 70.12 SENTENCE OF IMPRISONMENT FOR A CRIME COMMITTED AGAINST A  PERSON
          ON SCHOOL GROUNDS.
  1. DEFINITION OF A CRIME COMMITTED AGAINST A PERSON ON SCHOOL GROUNDS.
THE  TERM  "A  CRIME COMMITTED AGAINST A PERSON ON SCHOOL GROUNDS" SHALL
MEAN ANY CRIME DEFINED IN SECTION 120.05 (ASSAULT IN THE SECOND DEGREE),
120.06 (GANG ASSAULT IN THE SECOND DEGREE), 120.07 (GANG ASSAULT IN  THE
FIRST DEGREE), 120.08 (ASSAULT ON A PEACE OFFICER, POLICE OFFICER, FIRE-
MAN  OR EMERGENCY MEDICAL SERVICES PROFESSIONAL), 120.10 (ASSAULT IN THE
FIRST DEGREE), 120.11 (AGGRAVATED ASSAULT UPON A  POLICE  OFFICER  OR  A
PEACE OFFICER), 120.12 (AGGRAVATED ASSAULT UPON A PERSON LESS THAN ELEV-
EN  YEARS  OLD),  120.13 (MENACING IN THE FIRST DEGREE), 130.25 (RAPE IN
THE THIRD DEGREE), 130.30 (RAPE IN THE SECOND DEGREE), 130.35  (RAPE  IN
THE  FIRST  DEGREE),  130.40  (CRIMINAL SEXUAL ACT IN THE THIRD DEGREE),
130.45 (CRIMINAL SEXUAL ACT IN  THE  SECOND  DEGREE),  130.50  (CRIMINAL
SEXUAL  ACT  IN  THE  FIRST  DEGREE),  130.65 (SEXUAL ABUSE IN THE FIRST
DEGREE), 130.66 (AGGRAVATED SEXUAL ABUSE IN THE  THIRD  DEGREE),  130.67
(AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE), 130.70 (AGGRAVATED SEXU-
AL  ABUSE IN THE FIRST DEGREE), 130.75 (COURSE OF SEXUAL CONDUCT AGAINST
A CHILD IN THE FIRST DEGREE), 130.80 (COURSE OF SEXUAL CONDUCT AGAINST A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09994-01-9
              

A. 6650                             2

CHILD IN THE SECOND DEGREE), 130.95 (PREDATORY SEXUAL  ASSAULT),  130.96
(PREDATORY  SEXUAL  ASSAULT AGAINST A CHILD), 135.10 (UNLAWFUL IMPRISON-
MENT IN THE FIRST DEGREE), 135.20 (KIDNAPPING  IN  THE  SECOND  DEGREE),
135.25 (KIDNAPPING IN THE FIRST DEGREE) OR 135.65 (COERCION IN THE FIRST
DEGREE)  OF  THIS CHAPTER, OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF
THE FOREGOING CRIMES, WHEN THE CRIME (A) CONSTITUTES A  FELONY  AND  (B)
OCCURS ON SCHOOL GROUNDS. FOR PURPOSES OF THIS SECTION, "SCHOOL GROUNDS"
SHALL  MEAN  (I)  IN  OR  ON OR WITHIN ANY BUILDING, STRUCTURE, ATHLETIC
PLAYING FIELD, PLAYGROUND OR LAND CONTAINED  WITHIN  THE  REAL  PROPERTY
BOUNDARY  LINE  OF A PUBLIC OR PRIVATE NURSERY SCHOOL, DAYCARE FACILITY,
ELEMENTARY,  PAROCHIAL,  INTERMEDIATE,  JUNIOR  HIGH,  VOCATIONAL,  HIGH
SCHOOL,  TRADE  SCHOOL,  JUNIOR  COLLEGE,  COMMUNITY  COLLEGE,  COLLEGE,
UNIVERSITY OR OTHER INSTITUTION OF HIGHER EDUCATION, OR  (II)  ANY  AREA
ACCESSIBLE  TO  THE  PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE REAL
PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL OR ANY PARKED  AUTOMO-
BILE  OR  OTHER  PARKED  VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF THE
REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL. FOR THE PURPOSES
OF THIS SECTION, "AREA ACCESSIBLE TO THE PUBLIC" SHALL  MEAN  SIDEWALKS,
STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAURANTS.
  2.  AUTHORIZED  SENTENCE.   (A) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, WHEN A PERSON IS CONVICTED OF A CRIME COMMITTED AGAINST A PERSON ON
SCHOOL GROUNDS WHICH IS A CLASS C, D, OR E FELONY, THE  CRIME  SHALL  BE
DEEMED TO BE ONE CATEGORY HIGHER THAN THE CRIME THE PERSON COMMITTED, OR
ATTEMPTED OR CONSPIRED TO COMMIT.
  (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, WHEN A PERSON IS
CONVICTED OF A CRIME COMMITTED AGAINST A PERSON ON SCHOOL GROUNDS  WHICH
IS A CLASS B FELONY:
  (I)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT  TO  SECTION  70.00  OF
THIS ARTICLE;
  (II) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS ARTICLE;
  (III)  THE  TERM  OF  THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE
YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION  70.04  OF  THIS
ARTICLE;
  (IV)  THE  MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO  SECTION  70.05  OF
THIS ARTICLE; AND
  (V)  THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
DETERMINATE SENTENCE MUST BE AT LEAST TEN  YEARS  IF  THE  DEFENDANT  IS
SENTENCED PURSUANT TO SECTION 70.06 OF THIS ARTICLE.
  S 3. The highway law is amended by adding a new section 318 to read as
follows:
  S  318.  ASSAULT  AND ABDUCTION FREE SCHOOL ZONE SIGNS. THE STATE, ANY
POLITICAL SUBDIVISION OF THE STATE AND ANY OTHER PUBLIC OR PRIVATE ENTI-
TY HAVING JURISDICTION  OVER  ANY  HIGHWAY  WITHIN  SCHOOL  GROUNDS,  AS
DEFINED  IN SUBDIVISION ONE OF SECTION 70.12 OF THE PENAL LAW, MAY, UPON
THE REQUEST OF THE APPROPRIATE SCHOOL  AUTHORITY,  PLACE,  CAUSE  TO  BE
PLACED,  OR  PERMIT TO BE PLACED WITHIN THE RIGHT OF WAY OF SUCH HIGHWAY
SIGNS INDICATING AN ASSAULT AND ABDUCTION FREE SCHOOL ZONE.
  S 4. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.