NY State Senate Bill 2019-S361

Senate Bill S361

2019-2020 Legislative Session

Provides that crimes committed against a person on school grounds shall be deemed to be one category higher than the specified crime the person committed

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

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2019-S361 (ACTIVE) - Details

See Assembly Version of this Bill:: A7389
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §70.12, Pen L; add §318, Hway L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6650
2011-2012: A1578
2013-2014: A6206
2015-2016: A2334
2017-2018: S2881, A6582
2021-2022: S214, A5939
2023-2024: S95, A5953

2019-S361 (ACTIVE) - Summary

Provides that crimes committed against a person on school grounds shall be deemed to be one category higher than the specified crime the person committed; enacts "Suzanne's Law".

2019-S361 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S361

SPONSOR: TEDISCO
 
TITLE OF BILL:  An act to amend the penal law and the highway law, in
relation to violence committed on school grounds

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would increase the penalties for assault and abduction that
take place on school grounds, including nursery schools, and college
campuses.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Names this legislation "Suzanne's Law."

Section 2: Adds a new Section 70.12 to Penal Law to provide that the
sentence upon conviction of certain crimes committed against a person on
school grounds be deemed one category higher than the crime the person
committed.

Section 3: Adds a new Section 318 to Highway Law authorizing the place-
ment of Assault and Abduction Free school zone signs.

Section 4: Effective date.

 
JUSTIFICATION:

There has been an alarming rate of assault and abductions committed
against individuals on or around school grounds and college campuses.
Following the success of the Drug Free School Zone act, this bill would
serve to send a message to would-be attackers that penalties for commit-
ting such a crime on school grounds would result in stricter penalties
and longer prison sentences. The posting of signs along and around the
school zone would also serve as a reminder to students and staff to
observe the practices of personal safety.

 
PRIOR LEGISLATIVE HISTORY:

01/18/17: S.2881 REFERRED TO CODES
04/25/17: S.2881 REPORTED AND COMMITTED TO FINANCE
06/14/17: S.2881 COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/14/17: S.2881 ORDERED TO THIRD READING CAL.1621
06/14/17: S.2881 PASSED SENATE
06/14/17: S.2881 DELIVERED TO ASSEMBLY
06/14/17: S.2881 referred to codes
01/03/18: S.2881 died in assembly
01/03/18: S.2881 returned to senate
01/03/18: S.2881 REFERRED TO CODES
03/05/18: S.2881 COMMITTEE DISCHARGED AND COMMITTED TO RULES
03/05/18: S.2881 ORDERED TO THIRD READING CAL.545
03/05/18: S.2881 PASSED SENATE
03/05/18: S.2881 DELIVERED TO ASSEMBLY
03/05/18: S.2881 referred to codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of September next succeeding the
date on which is shall have become law.

2019-S361 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    361
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. TEDISCO, AKSHAR, FUNKE, HELMING, JACOBS, RANZENHOF-
   ER, RITCHIE, ROBACH, SEWARD -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03893-01-9

 S. 361                              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.
   § 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.

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