Bill Text: NY A05939 | 2021-2022 | General Assembly | Introduced
Bill Title: 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".
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A05939 Detail]
Download: New_York-2021-A05939-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5939 2021-2022 Regular Sessions IN ASSEMBLY March 2, 2021 ___________ Introduced by M. of A. THIELE, WALSH, WALCZYK -- 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 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 man or emergency medical services professional), 120.10 (assault in the 13 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), 130.40 (criminal sexual act in the third degree), 18 130.45 (criminal sexual act in the second degree), 130.50 (criminal 19 sexual act in the first degree), 130.65 (sexual abuse in the first 20 degree), 130.66 (aggravated sexual abuse in the third degree), 130.67 21 (aggravated sexual abuse in the second degree), 130.70 (aggravated sexu- 22 al abuse in the first degree), 130.75 (course of sexual conduct against 23 a child in the first degree), 130.80 (course of sexual conduct against a 24 child in the second degree), 130.95 (predatory sexual assault), 130.96 25 (predatory sexual assault against a child), 135.10 (unlawful imprison- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03453-01-1A. 5939 2 1 ment in the first degree), 135.20 (kidnapping in the second degree), 2 135.25 (kidnapping in the first degree) or 135.65 (coercion in the first 3 degree) of this chapter, or any attempt or conspiracy to commit any of 4 the foregoing crimes, when the crime (a) constitutes a felony and (b) 5 occurs on school grounds. For purposes of this section, "school grounds" 6 shall mean (i) in or on or within any building, structure, athletic 7 playing field, playground or land contained within the real property 8 boundary line of a public or private nursery school, daycare facility, 9 elementary, parochial, intermediate, junior high, vocational, high 10 school, trade school, junior college, community college, college, 11 university or other institution of higher education, or (ii) any area 12 accessible to the public located within one thousand feet of the real 13 property boundary line comprising any such school or any parked automo- 14 bile or other parked vehicle located within one thousand feet of the 15 real property boundary line comprising any such school. For the purposes 16 of this section, "area accessible to the public" shall mean sidewalks, 17 streets, parking lots, parks, playgrounds, stores and restaurants. 18 2. Authorized sentence. (a) Notwithstanding any other provision of 19 law, when a person is convicted of a crime committed against a person on 20 school grounds which is a class C, D, or E felony, the crime shall be 21 deemed to be one category higher than the crime the person committed, or 22 attempted or conspired to commit. 23 (b) Notwithstanding any other provision of law, when a person is 24 convicted of a crime committed against a person on school grounds which 25 is a class B felony: 26 (i) the maximum term of the indeterminate sentence must be at least 27 six years if the defendant is sentenced pursuant to section 70.00 of 28 this article; 29 (ii) the term of the determinate sentence must be at least eight years 30 if the defendant is sentenced pursuant to section 70.02 of this article; 31 (iii) the term of the determinate sentence must be at least twelve 32 years if the defendant is sentenced pursuant to section 70.04 of this 33 article; 34 (iv) the maximum term of the indeterminate sentence must be at least 35 four years if the defendant is sentenced pursuant to section 70.05 of 36 this article; and 37 (v) the maximum term of the indeterminate sentence or the term of the 38 determinate sentence must be at least ten years if the defendant is 39 sentenced pursuant to section 70.06 of this article. 40 § 3. The highway law is amended by adding a new section 318 to read as 41 follows: 42 § 318. Assault and abduction free school zone signs. The state, any 43 political subdivision of the state and any other public or private enti- 44 ty having jurisdiction over any highway within school grounds, as 45 defined in subdivision one of section 70.12 of the penal law, may, upon 46 the request of the appropriate school authority, place, cause to be 47 placed, or permit to be placed within the right of way of such highway 48 signs indicating an assault and abduction free school zone. 49 § 4. This act shall take effect on the first of September next 50 succeeding the date on which it shall have become a law.
