Bill Text: NY A09288 | 2011-2012 | General Assembly | Introduced
Bill Title: Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship.
Spectrum: Partisan Bill (Democrat 25-1)
Status: (Introduced - Dead) 2012-02-14 - referred to codes [A09288 Detail]
Download: New_York-2011-A09288-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9288
I N A S S E M B L Y
February 14, 2012
___________
Introduced by M. of A. LANCMAN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to criminal mischief and
larceny offenses committed at a place of religious worship
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 2 of section 145.05 of the penal law, as
2 amended by chapter 276 of the laws of 2003, is amended and a new subdi-
3 vision 3 is added to read as follows:
4 2. damages property of another person in an amount exceeding two
5 hundred fifty dollars[.]; OR
6 3. DAMAGES PROPERTY WHICH, REGARDLESS OF ITS NATURE OR VALUE, IS IN
7 ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUC-
8 TURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS
9 INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW.
10 S 2. Section 145.10 of the penal law, as amended by chapter 961 of the
11 laws of 1971, is amended to read as follows:
12 S 145.10 Criminal mischief in the second degree.
13 A person is guilty of criminal mischief in the second degree when with
14 intent to damage property of another person, and having no right to do
15 so nor any reasonable ground to believe that he OR SHE has such right,
16 he OR SHE:
17 1. damages property of another person in an amount exceeding one thou-
18 sand five hundred dollars[.]; OR
19 2. DAMAGES PROPERTY WHICH CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT,
20 A VESSEL, AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS
21 A REPRESENTATIVE EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN
22 CONNECTION WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE
23 CURTILAGE OF SUCH BUILDING OR STRUCTURE USED AS A PLACE OF RELIGIOUS
24 WORSHIP BY A RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS
25 CORPORATIONS LAW OR THE EDUCATION LAW.
26 Criminal mischief in the second degree is a class D felony.
27 S 3. Subdivision 9 of section 155.30 of the penal law, as amended by
28 chapter 479 of the laws of 2010, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14257-01-2
A. 9288 2
1 9. The property [consists of a scroll, religious vestment, a vessel,
2 an item comprising a display of religious symbols which forms a repre-
3 sentative expression of faith, or other miscellaneous item of property
4 which:
5 (a) has a value of at least one hundred dollars; and
6 (b) is kept for or used in connection with religious worship in],
7 REGARDLESS OF ITS NATURE OR VALUE, IS TAKEN FROM any building, structure
8 or upon the curtilage of such building or structure used as a place of
9 religious worship by a religious corporation, as incorporated under the
10 religious corporations law or the education law.
11 S 4. Section 155.35 of the penal law, as amended by chapter 464 of the
12 laws of 2010, is amended to read as follows:
13 S 155.35 Grand larceny in the third degree.
14 A person is guilty of grand larceny in the third degree when he or she
15 steals property and:
16 1. when the value of the property exceeds three thousand dollars[,];
17 or
18 2. the property is an automated teller machine or the contents of an
19 automated teller machine[.]; OR
20 3. THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
21 AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORM A REPRESEN-
22 TATIVE EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN CONNECTION
23 WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE
24 OF SUCH BUILDING OR STRUCTURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A
25 RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS CORPORATIONS
26 LAW OR THE EDUCATION LAW.
27 Grand larceny in the third degree is a class D felony.
28 S 5. Subdivision 2 of section 155.40 of the penal law, as amended by
29 chapter 515 of the laws of 1986, is amended and a new subdivision 3 is
30 added to read as follows:
31 2. The property, regardless of its nature and value, is obtained by
32 extortion committed by instilling in the victim a fear that the actor or
33 another person will (a) cause physical injury to some person in the
34 future, or (b) cause damage to property, or (c) use or abuse his posi-
35 tion as a public servant by engaging in conduct within or related to his
36 official duties, or by failing or refusing to perform an official duty,
37 in such manner as to affect some person adversely[.]; OR
38 3. THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
39 AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS A REPRE-
40 SENTATIVE EXPRESSION OF FAITH, OR OTHER ITEM OF PROPERTY WHICH:
41 (A) HAS A VALUE OF AT LEAST TWO HUNDRED FIFTY DOLLARS; AND
42 (B) IS KEPT FOR OR USED IN CONNECTION WITH RELIGIOUS WORSHIP IN ANY
43 BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUCTURE
44 USED AS A PLACE OF RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS
45 INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW.
46 S 6. This act shall take effect on the first of November next succeed-
47 ing the date on which it shall have become a law.
