senate Bill S2943

Exempts crimes of making graffiti and possession of graffiti instruments from youthful offender procedure after defendant is found guilty of such a charge

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / Feb / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

Exempts crimes of making graffiti and possession of graffiti instruments from youthful offender procedure after defendant is found guilty of such a charge.

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Bill Details

See Assembly Version of this Bill:
A5768
Versions:
S2943
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง720.35, CP L
Versions Introduced in 2009-2010 Legislative Cycle:
S617, A9752

Sponsor Memo

BILL NUMBER:S2943

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to youthful offender
procedure

PURPOSE:
This bill would exempt the crimes of making graffiti and possession of
graffiti instruments from the youthful offender procedure after
defendant is found guilty of such a charge.

SUMMARY OF PROVISIONS:
Section one amends Section 720.35 of the Criminal Procedure Law by
adding a new subdivision 5.
Whenever a person is adjudicated a youthful offender and the
conviction that was vacated and replaced by the youthful offender
finding was either making graffiti in violation of section 145.60 of
the penal law or possession of graffiti in violation of section
145.60 of the penal law, then the name of the youthful offender and
the crime for which the youthful offender and the crime for which the
youthful offender finding was substituted shall not be confidential
and may be available to any person or public or private agency.
Section two states that this act shall take effect on the first of
November next succeeding the date on which it shall have become a law.

JUSTIFICATION:
Recent incidents of urban scrawl on the Staten Island Railway have
been rising. Introducing legislation which would permit authorities
to release the names of minors who have either plead guilty or been
found guilty of such a charge, creates a major way to combat
graffiti. Making graffiti is an attempt to publicize oneself, and the
very nature of the crime is a public declaration. Graffiti vandals
should not be able to enjoy anonymity by having the record sealed and
proceedings closed, if they are indeed charged with the crime.
Instead, they and their families should have to endure the scrutiny
of the public for their crimes against public property. This change
would be a major step in the fight against graffiti for which minimal
fines and community service are simply a slap on the wrist for many
vandals.

LEGISLATIVE HISTORY:
2010: S.617 - Referred to Codes/A.9752 - Referred to Codes
2009: S.617 - Referred to Codes/A.9752
2008: S.6762 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2943

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure  law,  in  relation  to  youthful
  offender procedure

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 720.35 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,
WHENEVER  A PERSON IS ADJUDICATED A YOUTHFUL OFFENDER AND THE CONVICTION
THAT WAS VACATED AND REPLACED  BY  THE  YOUTHFUL  OFFENDER  FINDING  WAS
EITHER  MAKING  GRAFFITI IN VIOLATION OF SECTION 145.60 OF THE PENAL LAW
OR POSSESSION OF GRAFFITI INSTRUMENTS IN VIOLATION OF SECTION 145.65  OF
THE  PENAL LAW, THEN THE NAME OF THE YOUTHFUL OFFENDER AND THE CRIME FOR
WHICH THE YOUTHFUL OFFENDER FINDING WAS SUBSTITUTED SHALL NOT BE  CONFI-
DENTIAL  AND  MAY  BE  MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE
AGENCY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03077-01-1

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