S 471: 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.