Bill Text: NY A10388 | 2015-2016 | General Assembly | Introduced

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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 1-0)

Status: (Introduced - Dead) 2016-05-25 - referred to codes [A10388 Detail]

Download: New_York-2015-A10388-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10388
                   IN ASSEMBLY
                                      May 25, 2016
                                       ___________
        Introduced  by M. of A. ROZIC -- read once and referred to the Committee
          on Codes
        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    § 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  § 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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00418-01-5
        A. 10388                            2
     1    § 3. Section 145.22 of the penal law, as amended by chapter 353 of the
     2  laws of 2007, is amended to read as follows:
     3  § 145.22 Cemetery desecration in the [second] third degree.
     4    A  person  is  guilty  of  cemetery  desecration in the [second] third
     5  degree when:  (a) with intent to damage property  of  another  person[,]
     6  and  having  no right to do so nor any reasonable ground to believe that
     7  he or she has such right, he or she damages any real or personal proper-
     8  ty used or maintained as a cemetery, mausoleum, columbarium, lot,  plot,
     9  grave,  burial place, crypt, vault or other place of interment or tempo-
    10  rary storage of human remains or cremated human remains,  or  any  monu-
    11  ment,  headstone,  marker,  plaque,  statue, vase, urn, decoration, flag
    12  holder, or other embellishment that is located on or adjacent to, or  is
    13  otherwise  associated  with,  any such cemetery, mausoleum, columbarium,
    14  lot, plot, grave, burial place, crypt, vault, or other place  of  inter-
    15  ment or temporary storage; or
    16    (b)  with intent to steal personal property, he or she steals personal
    17  property which is located at a cemetery,  mausoleum,  columbarium,  lot,
    18  plot,  grave,  burial place, crypt, vault or other place of interment or
    19  temporary storage of human remains or cremated  human  remains,  or  any
    20  monument, headstone, marker, plaque, statue, vase, urn, decoration, flag
    21  holder,  or other embellishment that is located on or adjacent to, or is
    22  otherwise associated with, any such  cemetery,  mausoleum,  columbarium,
    23  lot,  plot,  grave, burial place, crypt, vault, or other place of inter-
    24  ment or temporary storage, and which property is owned by the person  or
    25  organization  which maintains or owns such place or the estate, next-of-
    26  kin or representatives of the deceased person interred or stored there.
    27    Cemetery desecration in the [second] third degree is a class A  misde-
    28  meanor.
    29    § 4. Section 145.23 of the penal law, as amended by chapter 353 of the
    30  laws of 2007, is amended to read as follows:
    31  § 145.23 Cemetery desecration in the [first] second degree.
    32    A  person  is  guilty  of  cemetery  desecration in the [first] second
    33  degree when, with intent to damage property  of  another  person[,]  and
    34  having no right to do so nor any reasonable ground to believe that he or
    35  she has such right, he or she:
    36    (a)  damages  any  real  or  personal property used or maintained as a
    37  cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
    38  vault or other place of interment or temporary storage of human  remains
    39  or  cremated  human remains, or any monument, headstone, marker, plaque,
    40  statue, vase, urn, decoration, flag holder, or other embellishment  that
    41  is  located on or adjacent to, or is otherwise associated with, any such
    42  cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
    43  vault, or other place of interment or temporary storage,  in  an  amount
    44  exceeding two hundred fifty dollars; or
    45    (b)  with intent to steal personal property, he or she steals personal
    46  property, the value of which exceeds two hundred fifty dollars, which is
    47  located at a cemetery, mausoleum, columbarium, lot, plot, grave,  burial
    48  place,  crypt, vault or other place of interment or temporary storage of
    49  human remains or cremated human remains,  or  any  monument,  headstone,
    50  marker,  plaque,  statue,  vase,  urn, decoration, flag holder, or other
    51  embellishment that is located on or adjacent to, or is otherwise associ-
    52  ated with, any such cemetery, mausoleum, columbarium, lot, plot,  grave,
    53  burial  place,  crypt,  vault,  or other place of interment or temporary
    54  storage, and which property is owned by the person or organization which
    55  maintains or owns such place or the  estate,  next-of-kin  or  represen-
    56  tatives of the deceased person interred there; or
        A. 10388                            3
     1    (c)  commits  the  crime of cemetery desecration in the [second] third
     2  degree as defined in section 145.22 of this article and has been  previ-
     3  ously  convicted  of  the  crime of cemetery desecration in the [second]
     4  third degree, cemetery desecration  in  the  second  degree,  aggravated
     5  cemetery  desecration  in the second degree or aggravated cemetery dese-
     6  cration in the first degree within the preceding five years.
     7    Cemetery desecration in the [first] second degree is a class E felony.
     8    § 5. The penal law is amended by adding a new section 145.24  to  read
     9  as follows:
    10  § 145.24 Cemetery desecration in the first degree.
    11    A  person  is guilty of cemetery desecration in the first degree when,
    12  with intent to damage property of another person and having no right  to
    13  do  so  nor  any  reasonable  ground  to believe that he or she has such
    14  right, he or she:
    15    (a) damages any real or personal property  used  or  maintained  as  a
    16  cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
    17  vault  or other place of interment or temporary storage of human remains
    18  or cremated human remains, or any monument, headstone,  marker,  plaque,
    19  statue,  vase, urn, decoration, flag holder, or other embellishment that
    20  is located on or adjacent to, or is otherwise associated with, any  such
    21  cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
    22  vault,  or  other  place of interment or temporary storage, in an amount
    23  exceeding two thousand dollars; or
    24    (b) with intent to steal personal property, he or she steals  personal
    25  property,  the  value  of  which  exceeds two thousand dollars, which is
    26  located at a cemetery, mausoleum, columbarium, lot, plot, grave,  burial
    27  place,  crypt, vault or other place of interment or temporary storage of
    28  human remains or cremated human remains,  or  any  monument,  headstone,
    29  marker, memorial, plaque, statue, vase, urn, decoration, flag holder, or
    30  other  embellishment  that is located on or adjacent to, or is otherwise
    31  associated with, any such cemetery, mausoleum, columbarium,  lot,  plot,
    32  grave, burial place, crypt, vault, or other place of interment or tempo-
    33  rary  storage, and which property is owned by the person or organization
    34  which maintains or owns such place or the estate, next-of-kin or  repre-
    35  sentatives of the deceased person interred there; or
    36    (c)  commits the crime of cemetery desecration in the second degree as
    37  defined in section 145.23  of  this  article  and  has  been  previously
    38  convicted  of  the  crime  of  cemetery desecration in the third degree,
    39  cemetery desecration in the second degree, cemetery desecration  in  the
    40  first  degree,  aggravated  cemetery desecration in the second degree or
    41  aggravated cemetery desecration in the first degree.
    42    Cemetery desecration in the first degree is a class D felony.
    43    § 6. Section 60.29 of the penal law, as added by chapter  165  of  the
    44  laws of 1997, is amended to read as follows:
    45  § 60.29 Authorized disposition; cemetery desecration.
    46    When  a  person  is  convicted of an offense defined in section 145.22
    47  [or], 145.23, or 145.24 of this chapter or of an attempt to commit  such
    48  an  offense,  and  the sentence imposed by the court for such conviction
    49  includes a sentence of probation or conditional discharge, such sentence
    50  shall, where appropriate, be in accordance with paragraph (h) of  subdi-
    51  vision  two  of  section  65.10  of this [article] title as such section
    52  relates to cemetery crime.
    53    § 7. Paragraph (h) of subdivision 2 of section 65.10 of the penal law,
    54  as amended by chapter 508 of the laws of 2001, is  amended  to  read  as
    55  follows:
        A. 10388                            4
     1    (h) Perform services for a public or not-for-profit corporation, asso-
     2  ciation,  institution,  or agency, including but not limited to services
     3  for the division of substance abuse services, services in an appropriate
     4  community program for removal of graffiti from public or private proper-
     5  ty,  including  any  property  damaged  in  the  underlying  offense, or
     6  services for the maintenance and repair of  real  or  personal  property
     7  used  or  maintained  as  a cemetery, mausoleum, columbarium, lot, plot,
     8  grave, burial place, crypt, vault, or other place of interment or tempo-
     9  rary storage of human remains or cremated human remains,  or  any  monu-
    10  ment,  headstone,  marker,  plaque,  statue, vase, urn, decoration, flag
    11  holder, or other embellishment that is located on or adjacent to, or  is
    12  otherwise  associated  with,  any such cemetery, mausoleum, columbarium,
    13  lot, plot, grave, burial place, crypt, vault, or other place  of  inter-
    14  ment  or  temporary storage.  Provided, however, that the performance of
    15  any such services shall not result in the displacement of employed work-
    16  ers or in the impairment of existing contracts for services,  nor  shall
    17  the  performance  of  any  such services be required or permitted in any
    18  establishment involved in any labor strike or lockout.   The  court  may
    19  establish  provisions  for  the  early  termination  of  a  sentence  of
    20  probation or conditional discharge pursuant to the provisions of  subdi-
    21  vision  three of section 410.90 of the criminal procedure law after such
    22  services have been completed. Such sentence may  only  be  imposed  upon
    23  conviction of a misdemeanor, violation, or class D or class E felony, or
    24  a  youthful  offender  finding  replacing any such conviction, where the
    25  defendant has consented to the amount and conditions of such service;
    26    § 8. Subdivision 9 of section 155.30 of the penal law, as  amended  by
    27  chapter 479 of the laws of 2010, is amended to read as follows:
    28    9.  The  property [consists of a scroll, religious vestment, a vessel,
    29  an item comprising a display of religious symbols which forms  a  repre-
    30  sentative  expression  of faith, or other miscellaneous item of property
    31  which:
    32    (a) has a value of at least one hundred dollars; and
    33    (b) is kept for or used in  connection  with  religious  worship  in],
    34  regardless of its nature or value, is taken from any building, structure
    35  or  upon  the curtilage of such building or structure used as a place of
    36  religious worship by a religious corporation, as incorporated under  the
    37  religious corporations law or the education law.
    38    § 9. Section 155.35 of the penal law, as amended by chapter 464 of the
    39  laws of 2010, is amended to read as follows:
    40  § 155.35 Grand larceny in the third degree.
    41    A person is guilty of grand larceny in the third degree when he or she
    42  steals property and:
    43    1.  when  the value of the property exceeds three thousand dollars[,];
    44  or
    45    2. the property is an automated teller machine or the contents  of  an
    46  automated teller machine[.]; or
    47    3.  the property consists of a scroll, a religious vestment, a vessel,
    48  an item comprising a display of religious symbols which form a represen-
    49  tative  expression of faith or any other item kept or used in connection
    50  with religious worship in any building, structure or upon the  curtilage
    51  of  such building or structure used as a place of religious worship by a
    52  religious corporation, as incorporated under the religious  corporations
    53  law or the education law.
    54    Grand larceny in the third degree is a class D felony.
        A. 10388                            5
     1    §  10. Subdivision 2 of section 155.40 of the penal law, as amended by
     2  chapter 515 of the laws of 1986, is amended and a new subdivision  3  is
     3  added to read as follows:
     4    2.  The  property,  regardless of its nature and value, is obtained by
     5  extortion committed by instilling in the victim a fear that the actor or
     6  another person will (a) cause physical injury  to  some  person  in  the
     7  future,  or  (b) cause damage to property, or (c) use or abuse his posi-
     8  tion as a public servant by engaging in conduct within or related to his
     9  official duties, or by failing or refusing to perform an official  duty,
    10  in such manner as to affect some person adversely[.]; or
    11    3.  The property consists of a scroll, a religious vestment, a vessel,
    12  an item comprising a display of religious symbols which forms  a  repre-
    13  sentative expression of faith, or other item of property which:
    14    (a) has a value of at least two hundred fifty dollars; and
    15    (b)  is  kept  for or used in connection with religious worship in any
    16  building, structure or upon the curtilage of such building or  structure
    17  used  as  a  place  of  religious worship by a religious corporation, as
    18  incorporated under the religious corporations law or the education law.
    19    § 11. This act shall  take  effect  on  the  first  of  November  next
    20  succeeding the date on which it shall have become a law.