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

                                  4422

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  -- Multi-Sponsored by -- M. of A.
  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.
                                                           LBD00422-01-1
              

A. 4422                             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 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  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.