Bill Text: NY A07138 | 2019-2020 | General Assembly | Introduced


Bill Title: Increases the penalties for bias related and gang related graffiti, and graffiti upon religious property.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A07138 Detail]

Download: New_York-2019-A07138-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7138
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 10, 2019
                                       ___________
        Introduced by M. of A. BENEDETTO, ROZIC -- read once and referred to the
          Committee on Codes
        AN ACT to amend the penal law, in relation to bias-related graffiti, the
          disposition  of graffiti offenses, graffiti for the purpose of promot-
          ing gang related activities and graffiti upon religious property
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The penal law is amended by adding a new section 60.31 to
     2  read as follows:
     3  § 60.31 Authorized  disposition;  aggravated  harassment  in  the  first
     4            degree.
     5    When  a  person  is  convicted  of  aggravated harassment in the first
     6  degree as defined in section 240.31 of this chapter, or of an attempt to
     7  commit such an offense, or of a lesser included offense, in addition  to
     8  any other sentence imposed or as a condition of probation or conditional
     9  discharge  the  court may order such person to participate in, at his or
    10  her own expense, a diversity training program that is designed to  over-
    11  come discrimination, prejudice and intolerance, and that promotes commu-
    12  nication,  understanding and respect among diverse racial, religious and
    13  ethnic groups.
    14    § 2. Paragraph (h) of subdivision 2 of section 65.10 of the penal law,
    15  as amended by chapter 508 of the laws of 2001, is  amended  to  read  as
    16  follows:
    17    (h) Perform services for a public or not-for-profit corporation, asso-
    18  ciation,  institution  or  agency, including but not limited to services
    19  for the [division] office of alcoholism and  substance  abuse  services,
    20  [services  in  an  appropriate community program for removal of graffiti
    21  from public or private property, including any property damaged  in  the
    22  underlying  offense,] or services for the maintenance and repair of real
    23  or personal property maintained as a cemetery plot, grave, burial  place
    24  or other place of interment of human remains. Provided however, that the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05549-01-9

        A. 7138                             2
     1  performance of any such services shall not result in the displacement of
     2  employed  workers  or  in  the  impairment  of  existing  contracts  for
     3  services, nor shall the performance of any such services be required  or
     4  permitted  in any establishment involved in any labor strike or lockout.
     5  The court may establish  provisions  for  the  early  termination  of  a
     6  sentence   of   probation  or  conditional  discharge  pursuant  to  the
     7  provisions of subdivision three of section 410.90 of the criminal proce-
     8  dure law after such services have been completed. Such sentence may only
     9  be imposed upon conviction of a misdemeanor, violation, or  class  D  or
    10  class  E  felony,  or  a  youthful  offender  finding replacing any such
    11  conviction, where the defendant has consented to the amount  and  condi-
    12  tions of such service;
    13    §  3. Section 65.10 of the penal law is amended by adding a new subdi-
    14  vision 6 to read as follows:
    15    6. Graffiti removal.   When imposing a sentence  of  probation  or  of
    16  conditional  discharge in connection with a violation of section 145.60,
    17  145.62 or 145.65 of this chapter, the court shall as a condition of  the
    18  sentence,  require  that  the  defendant  remove graffiti from public or
    19  private property, including  any  property  damaged  in  the  underlying
    20  offense, unless the court shall determine that an appropriate program to
    21  supervise  such  removal  is not available or that such graffiti removal
    22  would  be  unreasonably  dangerous;  provided,  however,  that  graffiti
    23  removal  from  private  property  pursuant  to this subdivision shall be
    24  subject to consent of the owner of such property.
    25    § 4. Section 145.60 of the penal law, as added by chapter 458  of  the
    26  laws of 1992, is amended to read as follows:
    27  § 145.60 Making graffiti in the second degree.
    28    1.  For  purposes  of this section and section 145.62 of this article,
    29  the term "graffiti" shall mean the etching, painting, covering,  drawing
    30  upon or otherwise placing of a mark upon public or private property with
    31  intent to damage such property.
    32    2. [No person shall make] A person is guilty of making graffiti in the
    33  second degree when he or she makes graffiti of any type on any building,
    34  public  or  private, or any other property real or personal owned by any
    35  person, firm or corporation or any  public  agency  or  instrumentality,
    36  without  the express permission of the owner or operator of said proper-
    37  ty.
    38    Making graffiti in the second degree is a class A misdemeanor.
    39    § 5. The penal law is amended by adding a new section 145.62  to  read
    40  as follows:
    41  § 145.62 Making graffiti in the first degree.
    42    A  person  is guilty of making graffiti in the first degree when he or
    43  she commits the offense of making  graffiti  in  the  second  degree  as
    44  defined in section 145.60 of this article:
    45    1. in a manner to promote or encourage gang related activities; or
    46    2. having knowledge that such property is used as a place of religious
    47  worship,  he  or  she  damages a building, structure or the curtilage of
    48  such building or structure used as a place of  religious  worship  by  a
    49  religious  corporation, as incorporated under the religious corporations
    50  law; or
    51    3. having knowledge that such property comprises a  display  of  reli-
    52  gious  symbols which are for a representative expression of faith, he or
    53  she damages a scroll, religious  vestment,  vessel,  item  comprising  a
    54  display  of  religious  symbols which are a representative expression of
    55  faith or a miscellaneous item of property kept or  used  in  or  upon  a

        A. 7138                             3
     1  building, structure or curtilage thereof described in subdivision two of
     2  this section.
     3    Making graffiti in the first degree is a class E felony.
     4    § 6. Section 240.31 of the penal law is amended by adding a new subdi-
     5  vision 1-a to read as follows:
     6    1-a.  Etches,  paints,  covers,  draws upon or otherwise places a mark
     7  upon any building or any other real property, public or private, without
     8  the express permission of the owner or operator of such building or real
     9  property; or
    10    § 7. This act shall take effect on the first of November next succeed-
    11  ing the date on which it shall have become a law.
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