S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7389
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 29, 2019
                                ___________
 
 Introduced by M. of A. THIELE, WALSH, FINCH -- 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".
   § 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.
              

                                                            LBD03893-01-9

 A. 7389                             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.