Enacts "Suzanne's Law"; provides that offenses committed against a person on school grounds shall be deemed to be one category higher than the specified offense the person committed; authorizes the placement of assault and abduction free school zone signs.
STATE OF NEW YORK
________________________________________________________________________
4422
2011-2012 Regular Sessions
IN ASSEMBLY
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:
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 offense defined in section 120.01 (reckless assault of a child
10 by a child day care provider), 120.05 (assault in the second degree),
11 120.06 (gang assault in the second degree), 120.07 (gang assault in the
12 first degree), 120.08 (assault on a peace officer, police officer, fire-
13 man or emergency medical services professional), 120.10 (assault in the
14 first degree), 120.11 (aggravated assault upon a police officer or a
15 peace officer), 120.12 (aggravated assault upon a person less than elev-
16 en years old), 120.13 (menacing in the first degree), 130.25 (rape in
17 the third degree), 130.30 (rape in the second degree), 130.35 (rape in
18 the first degree), 130.40 (criminal sexual act in the third degree),
19 130.45 (criminal sexual act in the second degree), 130.50 (criminal
20 sexual act in the first degree), 130.53 (persistent sexual abuse),
21 130.65 (sexual abuse in the first degree), 130.65-a (aggravated sexual
22 abuse in the fourth degree), 130.66 (aggravated sexual abuse in the
23 third degree), 130.67 (aggravated sexual abuse in the second degree),
24 130.70 (aggravated sexual abuse in the first degree), 130.75 (course of
25 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
1 sexual conduct against a child in the second degree), 135.10 (unlawful
2 imprisonment in the first degree), 135.20 (kidnapping in the second
3 degree), 135.25 (kidnapping in the first degree) or 135.65 (coercion in
4 the first degree) of this chapter, or any attempt or conspiracy to
5 commit any of the foregoing offenses, when the offense (a) constitutes a
6 felony and (b) occurs on school grounds. For purposes of this section,
7 "school grounds" shall mean (i) in or on or within any building, struc-
8 ture, athletic playing field, playground or land contained within the
9 real property boundary line of a public or private nursery school,
10 daycare facility, elementary, parochial, intermediate, junior high,
11 vocational, high school, trade school, junior college, community
12 college, college, university or other institution of higher education,
13 or (ii) any area accessible to the public located within one thousand
14 feet of the real property boundary line comprising any such school or
15 any parked automobile or other parked vehicle located within one thou-
16 sand feet of the real property boundary line comprising any such school.
17 For the purposes of this section an "area accessible to the public"
18 shall mean sidewalks, streets, parking lots, parks, playgrounds, stores
19 and restaurants.
20 2. Authorized sentence. (a) Notwithstanding any other provision of
21 law, when a person is convicted of an offense committed against a person
22 on school grounds which is a class C, D or E felony, the offense shall
23 be deemed to be one category higher than the offense the person commit-
24 ted, or attempted or conspired to commit.
25 (b) Notwithstanding any other provision of law, when a person is
26 convicted of an offense committed against a person on school grounds
27 which is a class B felony:
28 (i) the maximum term of the indeterminate sentence must be at least
29 six years if the defendant is sentenced pursuant to section 70.00 of
30 this article;
31 (ii) the term of the determinate sentence must be at least eight years
32 if the defendant is sentenced pursuant to section 70.02 of this article;
33 (iii) the term of the determinate sentence must be at least twelve
34 years if the defendant is sentenced pursuant to section 70.04 of this
35 article;
36 (iv) the maximum term of the indeterminate sentence must be at least
37 four years if the defendant is sentenced pursuant to section 70.05 of
38 this article; and
39 (v) the maximum term of the indeterminate sentence or the term of the
40 determinate sentence must be at least ten years if the defendant is
41 sentenced pursuant to section 70.06 of this article.
42 § 3. The highway law is amended by adding a new section 318 to read as
43 follows:
44 § 318. Assault and abduction free school zone signs. The state, any
45 political subdivision of the state and any other public or private enti-
46 ty having jurisdiction over any highway within school grounds, as that
47 term is defined in subdivision one of section 70.12 of the penal law,
48 may, upon the request of the appropriate school authority, place, cause
49 to be placed or permit to be placed within the right of way of such
50 highway signs indicating an assault and abduction free school zone.
51 § 4. This act shall take effect on the first of September next
52 succeeding the date on which it shall have become a law.
