Senate Bill S95

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    95
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 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-
 FIGHTER 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00295-01-3
 S. 95                               2
 
 (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.