S T A T E O F N E W Y O R K
________________________________________________________________________
2881
2017-2018 Regular Sessions
I N S E N A T E
January 18, 2017
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Introduced by Sen. TEDISCO -- read twice and ordered printed, and when
printed to be committed 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".
§ 2. The penal law is amended by adding a new section 70.12 to read as
follows:
§ 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
CHILD IN THE SECOND DEGREE), 130.95 (PREDATORY SEXUAL ASSAULT), 130.96
(PREDATORY SEXUAL ASSAULT AGAINST A CHILD), 135.10 (UNLAWFUL IMPRISON-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06386-01-7
S. 2881 2
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.
§ 3. The highway law is amended by adding a new section 318 to read as
follows:
§ 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.
§ 4. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.
