S T A T E O F N E W Y O R K
________________________________________________________________________
7650
2009-2010 Regular Sessions
I N A S S E M B L Y
April 17, 2009
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Introduced by M. of A. P. RIVERA, KOON -- Multi-Sponsored by -- M. of A.
ALFANO, TEDISCO -- 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 OFFENSE DEFINED IN SECTION 120.01 (RECKLESS ASSAULT OF A CHILD
BY A CHILD DAY CARE PROVIDER), 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), 130.53 (PERSISTENT SEXUAL ABUSE),
130.65 (SEXUAL ABUSE IN THE FIRST DEGREE), 130.65-A (AGGRAVATED SEXUAL
ABUSE IN THE FOURTH DEGREE), 130.66 (AGGRAVATED SEXUAL ABUSE IN THE
THIRD DEGREE), 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE),
130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE), 130.75 (COURSE OF
SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE), 130.80 (COURSE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10799-01-9
A. 7650 2
SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND DEGREE), 135.10 (UNLAWFUL
IMPRISONMENT 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 OFFENSES, WHEN THE OFFENSE (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, STRUC-
TURE, 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 AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED WITHIN ONE THOU-
SAND FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL.
FOR THE PURPOSES OF THIS SECTION AN "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 AN OFFENSE COMMITTED AGAINST A PERSON
ON SCHOOL GROUNDS WHICH IS A CLASS C, D OR E FELONY, THE OFFENSE SHALL
BE DEEMED TO BE ONE CATEGORY HIGHER THAN THE OFFENSE THE PERSON COMMIT-
TED, OR ATTEMPTED OR CONSPIRED TO COMMIT.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS
CONVICTED OF AN OFFENSE 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 317-a to read
as follows:
S 317-A. 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 THAT
TERM IS 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.