senate Bill S3307

Amended

Relates to cemetery desecration

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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

  • 31 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 14 / May / 2014
    • AMEND (T) AND RECOMMIT TO CODES
  • 14 / May / 2014
    • PRINT NUMBER 3307A
  • 29 / May / 2014
    • 1ST REPORT CAL.1046
  • 02 / Jun / 2014
    • 2ND REPORT CAL.
  • 03 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO CODES

Summary

Removes the $250 amount of damage from cemetery desecration in the second degree; makes cemetery desecration in the second degree a Class E felony to apply to any damage or theft regardless of value; adds crime of cemetery desecration in the first degree and makes such crime a class D felony.

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Bill Details

See Assembly Version of this Bill:
A7201
Versions:
S3307
S3307A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง145.23, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S473, S473
2009-2010: S2686, S2686

Sponsor Memo

BILL NUMBER:S3307

TITLE OF BILL: An act to amend the penal law, in relation to cemetery
desecration in the first degree

PURPOSE: This legislation would include all property, regardless of
value, under the crime of cemetery desecration.

SUMMARY OF PROVISIONS:

Section one amends section 145.23 of the Penal Law to include all
property, regardless of value, located at a cemetery plot, grave,
burial place or other place of interment of human remains in the crime
of cemetery desecration. This section also makes technical changes.

Section two establishes an effective date.

JUSTIFICATION: Cemetery desecration is a continuing problem in New
York State and recently has resulted in the theft of numerous veterans
markers. NYS Law must address all cemetery desecration, regardless of
the value of theft or damage to deal with this extremely disrespectful
problem.

LEGISLATIVE HISTORY: S.S731 of 2007/2008 S.2686 of 2009/2010 S.473 of
2011/2012

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
________________________________________________________________________

                                  3307

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

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

AN ACT to amend the penal law, in relation to  cemetery  desecration  in
  the first degree

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

  Section 1. Section 145.23 of the penal law, as amended by chapter  353
of the laws of 2007, is amended to read as follows:
S 145.23 Cemetery desecration in the first degree.
  A  person  is  guilty of cemetery desecration in the first degree when
with intent to damage property of another person, and having no right to
do so nor any reasonable ground to believe  that  he  OR  SHE  has  such
right, he OR SHE:
  (a)  damages  any  real  or personal property maintained as a cemetery
plot, grave, burial place or other place of interment of  human  remains
[in an amount exceeding two hundred fifty dollars]; or
  (b)  with intent to steal personal property, he OR SHE steals personal
property[, the value of which exceeds two hundred fifty dollars,]  which
is  located  at  a  cemetery plot, grave, burial place or other place of
interment of human remains and which property is owned by the person  or
organization  which maintains or owns such place or the estate, next-of-
kin or representatives of the deceased person interred there; or
  (c) commits the crime of cemetery desecration in the second degree  as
defined  in  section  145.22  of  this  article  and has been previously
convicted of the crime of cemetery  desecration  in  the  second  degree
within the preceding five years.
  Cemetery desecration in the first degree is a class E felony.
  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.
                                                           LBD01469-01-3

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