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".
STATE OF NEW YORK
________________________________________________________________________
471
2025-2026 Regular Sessions
IN SENATE(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:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Suzanne's Law".
3 § 2. The penal law is amended by adding a new section 70.12 to read as
4 follows:
5 § 70.12 Sentence of imprisonment for a crime committed against a person
6 on school grounds.
7 1. Definition of a crime committed against a person on school grounds.
8 The term "a crime committed against a person on school grounds" shall
9 mean any crime defined in section 120.05 (assault in the second degree),
10 120.06 (gang assault in the second degree), 120.07 (gang assault in the
11 first degree), 120.08 (assault on a peace officer, police officer, fire-
12 fighter or emergency medical services professional), 120.10 (assault in
13 the first degree), 120.11 (aggravated assault upon a police officer or a
14 peace officer), 120.12 (aggravated assault upon a person less than elev-
15 en years old), 120.13 (menacing in the first degree), 130.25 (rape in
16 the third degree), 130.30 (rape in the second degree), 130.35 (rape in
17 the first degree), 130.65 (sexual abuse in the first degree), 130.66
18 (aggravated sexual abuse in the third degree), 130.67 (aggravated sexual
19 abuse in the second degree), 130.70 (aggravated sexual abuse in the
20 first degree), 130.75 (course of sexual conduct against a child in the
21 first degree), 130.80 (course of sexual conduct against a child in the
22 second degree), 130.95 (predatory sexual assault), 130.96 (predatory
23 sexual assault against a child), 135.10 (unlawful imprisonment in the
24 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
1 ping in the first degree) or 135.65 (coercion in the first degree) of
2 this chapter, or any attempt or conspiracy to commit any of the forego-
3 ing crimes, when the crime (a) constitutes a felony and (b) occurs on
4 school grounds. For purposes of this section, "school grounds" shall
5 mean (i) in or on or within any building, structure, athletic playing
6 field, playground or land contained within the real property boundary
7 line of a public or private nursery school, daycare facility, elementa-
8 ry, parochial, intermediate, junior high, vocational, high school, trade
9 school, junior college, community college, college, university or other
10 institution of higher education, or (ii) any area accessible to the
11 public located within one thousand feet of the real property boundary
12 line comprising any such school or any parked automobile or other parked
13 vehicle located within one thousand feet of the real property boundary
14 line comprising any such school. For the purposes of this section, "area
15 accessible to the public" shall mean sidewalks, streets, parking lots,
16 parks, playgrounds, stores and restaurants.
17 2. Authorized sentence. (a) Notwithstanding any other provision of
18 law, when a person is convicted of a crime committed against a person on
19 school grounds which is a class C, D, or E felony, the crime shall be
20 deemed to be one category higher than the crime the person committed, or
21 attempted or conspired to commit.
22 (b) Notwithstanding any other provision of law, when a person is
23 convicted of a crime committed against a person on school grounds which
24 is a class B felony:
25 (i) the maximum term of the indeterminate sentence must be at least
26 six years if the defendant is sentenced pursuant to section 70.00 of
27 this article;
28 (ii) the term of the determinate sentence must be at least eight years
29 if the defendant is sentenced pursuant to section 70.02 of this article;
30 (iii) the term of the determinate sentence must be at least twelve
31 years if the defendant is sentenced pursuant to section 70.04 of this
32 article;
33 (iv) the maximum term of the indeterminate sentence must be at least
34 four years if the defendant is sentenced pursuant to section 70.05 of
35 this article; and
36 (v) the maximum term of the indeterminate sentence or the term of the
37 determinate sentence must be at least ten years if the defendant is
38 sentenced pursuant to section 70.06 of this article.
39 § 3. The highway law is amended by adding a new section 318 to read as
40 follows:
41 § 318. Assault and abduction free school zone signs. The state, any
42 political subdivision of the state and any other public or private enti-
43 ty having jurisdiction over any highway within school grounds, as
44 defined in subdivision one of section 70.12 of the penal law, may, upon
45 the request of the appropriate school authority, place, cause to be
46 placed, or permit to be placed within the right of way of such highway
47 signs indicating an assault and abduction free school zone.
48 § 4. This act shall take effect on the first of September next
49 succeeding the date on which it shall have become a law.
