Bill Text: NY A05090 | 2021-2022 | General Assembly | Introduced

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

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A05090 Detail]

Download: New_York-2021-A05090-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5090

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 11, 2021
                                       ___________

        Introduced  by  M. of A. BENEDETTO, ROZIC, GRIFFIN -- Multi-Sponsored by
          -- M. of A.  ANGELINO -- 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00979-01-1
        A. 5090                             2

     1  or other place of interment of human remains. Provided however, that the
     2  performance of any such services shall not result in the displacement of
     3  employed  workers  or  in  the  impairment  of  existing  contracts  for
     4  services,  nor shall the performance of any such services be required or
     5  permitted in any establishment involved in any labor strike or  lockout.
     6  The  court  may  establish  provisions  for  the  early termination of a
     7  sentence  of  probation  or  conditional  discharge  pursuant   to   the
     8  provisions of subdivision three of section 410.90 of the criminal proce-
     9  dure law after such services have been completed. Such sentence may only
    10  be  imposed  upon  conviction of a misdemeanor, violation, or class D or
    11  class E felony, or  a  youthful  offender  finding  replacing  any  such
    12  conviction,  where  the defendant has consented to the amount and condi-
    13  tions of such service;
    14    § 3. Section 65.10 of the penal law is amended by adding a new  subdi-
    15  vision 6 to read as follows:
    16    6.  Graffiti  removal.    When  imposing a sentence of probation or of
    17  conditional discharge in connection with a violation of section  145.60,
    18  145.62  or 145.65 of this chapter, the court shall as a condition of the
    19  sentence, require that the defendant  remove  graffiti  from  public  or
    20  private  property,  including  any  property  damaged  in the underlying
    21  offense, unless the court shall determine that an appropriate program to
    22  supervise such removal is not available or that  such  graffiti  removal
    23  would  be  unreasonably  dangerous;  provided,  however,  that  graffiti
    24  removal from private property pursuant  to  this  subdivision  shall  be
    25  subject to consent of the owner of such property.
    26    §  4.  Section 145.60 of the penal law, as added by chapter 458 of the
    27  laws of 1992, is amended to read as follows:
    28  § 145.60 Making graffiti in the second degree.
    29    1. For purposes of this section and section 145.62  of  this  article,
    30  the  term "graffiti" shall mean the etching, painting, covering, drawing
    31  upon or otherwise placing of a mark upon public or private property with
    32  intent to damage such property.
    33    2. [No person shall make] A person is guilty of making graffiti in the
    34  second degree when he or she makes graffiti of any type on any building,
    35  public or private, or any other property real or personal owned  by  any
    36  person,  firm  or  corporation  or any public agency or instrumentality,
    37  without the express permission of the owner or operator of said  proper-
    38  ty.
    39    Making graffiti in the second degree is a class A misdemeanor.
    40    §  5.  The penal law is amended by adding a new section 145.62 to read
    41  as follows:
    42  § 145.62 Making graffiti in the first degree.
    43    A person is guilty of making graffiti in the first degree when  he  or
    44  she  commits  the  offense  of  making  graffiti in the second degree as
    45  defined in section 145.60 of this article:
    46    1. in a manner to promote or encourage gang related activities; or
    47    2. having knowledge that such property is used as a place of religious
    48  worship, he or she damages a building, structure  or  the  curtilage  of
    49  such  building  or  structure  used as a place of religious worship by a
    50  religious corporation, as incorporated under the religious  corporations
    51  law; or
    52    3.  having  knowledge  that such property comprises a display of reli-
    53  gious symbols which are for a representative expression of faith, he  or
    54  she  damages  a  scroll,  religious  vestment, vessel, item comprising a
    55  display of religious symbols which are a  representative  expression  of
    56  faith  or  a  miscellaneous  item  of property kept or used in or upon a
        A. 5090                             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.