Bill Text: NY S00502 | 2019-2020 | General Assembly | Amended

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Bill Title: Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship and for cemetery desecration.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00502 Detail]

Download: New_York-2019-S00502-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         502--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced  by Sens. KAMINSKY, ADDABBO, KAPLAN -- read twice and ordered
          printed, and when printed to be committed to the Committee on Codes --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to  amend  the  penal law, in relation to criminal mischief and
          larceny offenses committed at a place  of  religious  worship  and  to
          cemetery desecration

          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  or used as a museum whose central purpose is religious in nature.
    11    § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
    12  laws of 1971, is amended to read as follows:
    13  § 145.10 Criminal mischief in the second degree.
    14    A person is guilty of criminal mischief in the second degree when with
    15  intent  to  damage property of another person, and having no right to do
    16  so nor any reasonable ground to believe that he or she has  such  right,
    17  he or she:
    18    1. damages property of another person in an amount exceeding one thou-
    19  sand five hundred dollars[.]; or
    20    2.  damages property which consists of a scroll, a religious vestment,
    21  a vessel, an item comprising a display of religious symbols which  forms

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00991-04-9
        S. 502--A                           2

     1  a  representative  expression of faith or any other item kept or used in
     2  connection with religious worship in any building, structure or upon the
     3  curtilage of such building or structure used as  a  place  of  religious
     4  worship  by a religious corporation, as incorporated under the religious
     5  corporations law or the education law, or used as a museum whose central
     6  purpose is religious in nature.
     7    Criminal mischief in the second degree is a class D felony.
     8    § 3. Section 145.22 of the penal law, as amended by chapter 353 of the
     9  laws of 2007, is amended to read as follows:
    10  § 145.22 Cemetery desecration in the [second] third degree.
    11    A person is guilty of  cemetery  desecration  in  the  [second]  third
    12  degree  when:    (a) with intent to damage property of another person[,]
    13  and having no right to do so nor any reasonable ground to  believe  that
    14  he or she has such right, he or she damages any real or personal proper-
    15  ty  used or maintained as a cemetery, mausoleum, columbarium, lot, plot,
    16  grave, burial place, crypt, vault or other place of interment or  tempo-
    17  rary  storage  of  human remains or cremated human remains, or any monu-
    18  ment, headstone, marker, plaque, statue,  vase,  urn,  decoration,  flag
    19  holder,  or other embellishment that is located on or adjacent to, or is
    20  otherwise associated with, any such  cemetery,  mausoleum,  columbarium,
    21  lot,  plot,  grave, burial place, crypt, vault, or other place of inter-
    22  ment or temporary storage; or
    23    (b) with intent to steal personal property, he or she steals  personal
    24  property  which  is  located at a cemetery, mausoleum, columbarium, lot,
    25  plot, grave, burial place, crypt, vault or other place of  interment  or
    26  temporary  storage  of  human  remains or cremated human remains, or any
    27  monument, headstone, marker, plaque, statue, vase, urn, decoration, flag
    28  holder, or other embellishment that is located on or adjacent to, or  is
    29  otherwise  associated  with,  any such cemetery, mausoleum, columbarium,
    30  lot, plot, grave, burial place, crypt, vault, or other place  of  inter-
    31  ment  or temporary storage, and which property is owned by the person or
    32  organization which maintains or owns such place or the estate,  next-of-
    33  kin or representatives of the deceased person interred or stored there.
    34    Cemetery  desecration in the [second] third degree is a class A misde-
    35  meanor.
    36    § 4. Section 145.23 of the penal law, as amended by chapter 353 of the
    37  laws of 2007, is amended to read as follows:
    38  § 145.23 Cemetery desecration in the [first] second degree.
    39    A person is guilty of  cemetery  desecration  in  the  [first]  second
    40  degree  when,  with  intent  to damage property of another person[,] and
    41  having no right to do so nor any reasonable ground to believe that he or
    42  she has such right, he or she:
    43    (a) damages any real or personal property  used  or  maintained  as  a
    44  cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
    45  vault  or other place of interment or temporary storage of human remains
    46  or cremated human remains, or any monument, headstone,  marker,  plaque,
    47  statue,  vase, urn, decoration, flag holder, or other embellishment that
    48  is located on or adjacent to, or is otherwise associated with, any  such
    49  cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
    50  vault,  or  other  place of interment or temporary storage, in an amount
    51  exceeding two hundred fifty dollars; or
    52    (b) with intent to steal personal property, he or she steals  personal
    53  property, the value of which exceeds two hundred fifty dollars, which is
    54  located  at a cemetery, mausoleum, columbarium, lot, plot, grave, burial
    55  place, crypt, vault or other place of interment or temporary storage  of
    56  human  remains  or  cremated  human remains, or any monument, headstone,
        S. 502--A                           3

     1  marker, plaque, statue, vase, urn, decoration,  flag  holder,  or  other
     2  embellishment that is located on or adjacent to, or is otherwise associ-
     3  ated  with, any such cemetery, mausoleum, columbarium, lot, plot, grave,
     4  burial  place,  crypt,  vault,  or other place of interment or temporary
     5  storage, and which property is owned by the person or organization which
     6  maintains or owns such place or the  estate,  next-of-kin  or  represen-
     7  tatives of the deceased person interred there; or
     8    (c)  commits  the  crime of cemetery desecration in the [second] third
     9  degree as defined in section 145.22 of this article and has been  previ-
    10  ously  convicted  of  the  crime of cemetery desecration in the [second]
    11  third degree, cemetery desecration  in  the  second  degree,  aggravated
    12  cemetery  desecration  in the second degree or aggravated cemetery dese-
    13  cration in the first degree within the preceding five years.
    14    Cemetery desecration in the [first] second degree is a class E felony.
    15    § 5. The penal law is amended by adding a new section 145.24  to  read
    16  as follows:
    17  § 145.24 Cemetery desecration in the first degree.
    18    A  person  is guilty of cemetery desecration in the first degree when,
    19  with intent to damage property of another person and having no right  to
    20  do  so  nor  any  reasonable  ground  to believe that he or she has such
    21  right, he or she:
    22    (a) damages any real or personal property  used  or  maintained  as  a
    23  cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
    24  vault  or other place of interment or temporary storage of human remains
    25  or cremated human remains, or any monument, headstone,  marker,  plaque,
    26  statue,  vase, urn, decoration, flag holder, or other embellishment that
    27  is located on or adjacent to, or is otherwise associated with, any  such
    28  cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
    29  vault,  or  other  place of interment or temporary storage, in an amount
    30  exceeding two thousand dollars; or
    31    (b) with intent to steal personal property, he or she steals  personal
    32  property,  the  value  of  which  exceeds two thousand dollars, which is
    33  located at a cemetery, mausoleum, columbarium, lot, plot, grave,  burial
    34  place,  crypt, vault or other place of interment or temporary storage of
    35  human remains or cremated human remains,  or  any  monument,  headstone,
    36  marker, memorial, plaque, statue, vase, urn, decoration, flag holder, or
    37  other  embellishment  that is located on or adjacent to, or is otherwise
    38  associated with, any such cemetery, mausoleum, columbarium,  lot,  plot,
    39  grave, burial place, crypt, vault, or other place of interment or tempo-
    40  rary  storage, and which property is owned by the person or organization
    41  which maintains or owns such place or the estate, next-of-kin or  repre-
    42  sentatives of the deceased person interred there; or
    43    (c)  commits the crime of cemetery desecration in the second degree as
    44  defined in section 145.23  of  this  article  and  has  been  previously
    45  convicted  of  the  crime  of  cemetery desecration in the third degree,
    46  cemetery desecration in the second degree, cemetery desecration  in  the
    47  first  degree,  aggravated  cemetery desecration in the second degree or
    48  aggravated cemetery desecration in the first degree.
    49    Cemetery desecration in the first degree is a class D felony.
    50    § 6. Section 60.29 of the penal law, as added by chapter  165  of  the
    51  laws of 1997, is amended to read as follows:
    52  § 60.29 Authorized disposition; cemetery desecration.
    53    When  a  person  is  convicted of an offense defined in section 145.22
    54  [or], 145.23, or 145.24 of this chapter or of an attempt to commit  such
    55  an  offense,  and  the sentence imposed by the court for such conviction
    56  includes a sentence of probation or conditional discharge, such sentence
        S. 502--A                           4

     1  shall, where appropriate, be in accordance with paragraph (h) of  subdi-
     2  vision  two  of  section  65.10  of this [article] title as such section
     3  relates to cemetery crime.
     4    § 7. Paragraph (h) of subdivision 2 of section 65.10 of the penal law,
     5  as  amended  by  chapter  508 of the laws of 2001, is amended to read as
     6  follows:
     7    (h) Perform services for a public or not-for-profit corporation, asso-
     8  ciation, institution, or agency, including but not limited  to  services
     9  for the division of substance abuse services, services in an appropriate
    10  community program for removal of graffiti from public or private proper-
    11  ty,  including  any  property  damaged  in  the  underlying  offense, or
    12  services for the maintenance and repair of  real  or  personal  property
    13  used  or  maintained  as  a cemetery, mausoleum, columbarium, lot, plot,
    14  grave, burial place, crypt, vault, or other place of interment or tempo-
    15  rary storage of human remains or cremated human remains,  or  any  monu-
    16  ment,  headstone,  marker,  plaque,  statue, vase, urn, decoration, flag
    17  holder, or other embellishment that is located on or adjacent to, or  is
    18  otherwise  associated  with,  any such cemetery, mausoleum, columbarium,
    19  lot, plot, grave, burial place, crypt, vault, or other place  of  inter-
    20  ment  or  temporary storage.  Provided, however, that the performance of
    21  any such services shall not result in the displacement of employed work-
    22  ers or in the impairment of existing contracts for services,  nor  shall
    23  the  performance  of  any  such services be required or permitted in any
    24  establishment involved in any labor strike or lockout.   The  court  may
    25  establish  provisions  for  the  early  termination  of  a  sentence  of
    26  probation or conditional discharge pursuant to the provisions of  subdi-
    27  vision  three of section 410.90 of the criminal procedure law after such
    28  services have been completed. Such sentence may  only  be  imposed  upon
    29  conviction of a misdemeanor, violation, or class D or class E felony, or
    30  a  youthful  offender  finding  replacing any such conviction, where the
    31  defendant has consented to the amount and conditions of such service;
    32    § 8. Subdivision 9 of section 155.30 of the penal law, as  amended  by
    33  chapter 479 of the laws of 2010, is amended to read as follows:
    34    9.  The  property [consists of a scroll, religious vestment, a vessel,
    35  an item comprising a display of religious symbols which forms  a  repre-
    36  sentative  expression  of faith, or other miscellaneous item of property
    37  which:
    38    (a) has a value of at least one hundred dollars; and
    39    (b) is kept for or used in  connection  with  religious  worship  in],
    40  regardless of its nature or value, is taken from any building, structure
    41  or  upon  the curtilage of such building or structure used as a place of
    42  religious worship by a religious corporation, as incorporated under  the
    43  religious corporations law or the education law.
    44    § 9. Section 155.35 of the penal law, as amended by chapter 464 of the
    45  laws of 2010, is amended to read as follows:
    46  § 155.35 Grand larceny in the third degree.
    47    A person is guilty of grand larceny in the third degree when he or she
    48  steals property and:
    49    1.  when  the value of the property exceeds three thousand dollars[,];
    50  or
    51    2. the property is an automated teller machine or the contents  of  an
    52  automated teller machine[.]; or
    53    3.  the property consists of a scroll, a religious vestment, a vessel,
    54  an item comprising a display of religious symbols which form a represen-
    55  tative  expression of faith or any other item kept or used in connection
    56  with religious worship in any building, structure or upon the  curtilage
        S. 502--A                           5

     1  of  such building or structure used as a place of religious worship by a
     2  religious corporation, as incorporated under the religious  corporations
     3  law  or  the education law, or used as a museum whose central purpose is
     4  religious in nature.
     5    Grand larceny in the third degree is a class D felony.
     6    §  10. Subdivision 2 of section 155.40 of the penal law, as amended by
     7  chapter 515 of the laws of 1986, is amended and a new subdivision  3  is
     8  added to read as follows:
     9    2.  The  property,  regardless of its nature and value, is obtained by
    10  extortion committed by instilling in the victim a fear that the actor or
    11  another person will (a) cause physical injury  to  some  person  in  the
    12  future,  or  (b) cause damage to property, or (c) use or abuse his posi-
    13  tion as a public servant by engaging in conduct within or related to his
    14  official duties, or by failing or refusing to perform an official  duty,
    15  in such manner as to affect some person adversely[.]; or
    16    3.  The property consists of a scroll, a religious vestment, a vessel,
    17  an item comprising a display of religious symbols which forms  a  repre-
    18  sentative expression of faith, or other item of property which:
    19    (a) has a value of at least two hundred fifty dollars; and
    20    (b)  is  kept  for or used in connection with religious worship in any
    21  building, structure or upon the curtilage of such building or  structure
    22  used  as  a  place  of  religious worship by a religious corporation, as
    23  incorporated under the religious corporations law or the education  law,
    24  or used as a museum whose central purpose is religious in nature.
    25    §  11.  This  act  shall  take  effect  on  the first of November next
    26  succeeding the date on which it shall have become a law.