Senate Bill S471

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    471
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. TEDISCO, WALCZYK -- 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),  130.65  (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  SEXUAL  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  IMPRISONMENT  IN  THE
 FIRST DEGREE), 135.20 (KIDNAPPING IN THE SECOND DEGREE), 135.25 (KIDNAP-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01823-01-5
 S. 471                              2
 
 PING  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  FOREGO-
 ING  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,  ELEMENTA-
 RY, 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 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.