senate Bill S951A

Includes bias-related graffiti in hate crimes

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 22 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 22 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1577
  • 21 / Jun / 2013
    • PASSED SENATE
  • 21 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 24 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 25 / Mar / 2014
    • 1ST REPORT CAL.353
  • 26 / Mar / 2014
    • 2ND REPORT CAL.
  • 27 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 06 / May / 2014
    • AMENDED ON THIRD READING 951A
  • 12 / May / 2014
    • PASSED SENATE
  • 12 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / May / 2014
    • REFERRED TO CODES

Summary

Includes bias-related graffiti in hate crimes.

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Bill Details

See Assembly Version of this Bill:
A8960A
Versions:
S951
S951A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง485.05, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1842, S1842
2009-2010: S3304, S3304

Sponsor Memo

BILL NUMBER:S951A

TITLE OF BILL: An act to amend the penal law, in relation to
bias-related graffiti

SUMMARY OF PROVISIONS:

Section 1 of this bill amends Section 485.05 of the Penal Law as
amended by chapter 405 of the laws of 2010, by adding section 145.60.
This subdivision adds the language "etches, paints, covers, draws upon
or otherwise places a mark upon public or private property" to the
crime of aggravated harassment in the first degree.

JUSTIFICATION: This bill proposes enhanced penalties for bias-related
graffiti in recognition of the particularly sensitive nature of such
graffiti. Graffiti that is based upon hate should receive a tighter
penalty. Enhancing the penalty will serve to reinforce the
seriousness of this crime and prove to offenders that New York State
does not tolerate bias in any form.

Currently, graffiti is treated as a Class A misdemeanor in Section
145.60 of the Penal Law. This legislation would include bias-related
graffiti under the section of law that currently covers desecration of
religious property. Under this bill, bias-related graffiti would be
considered a Class E felony. This would increase the allowable penalty
for bias-related graffiti from up to one year in jail under a Class A
misdemeanor to a range of 1 1/3 to 4 years for a Class E felony at the
discretion of the judge. Recent incidents of bias-related graffiti in
Westchester County (racial) and King's County (religious) exemplify
the need to give prosecutors greater leverage in prosecuting such
offenders.

LEGISLATIVE HISTORY: 2011-12 - S.1842 - Died in Codes 03/16/09
REFERRED TO CODES 01/06/10 REFERRED TO CODES

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
________________________________________________________________________

                                 951--A
    Cal. No. 353

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PARKER, AVELLA, SAMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  recommitted to the Committee on Codes in accordance with  Senate  Rule
  6,  sec. 8 -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the penal law, in relation to bias-related graffiti

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

  Section 1. Subdivision 3 of  section  485.05  of  the  penal  law,  as
amended  by  chapter  405  of  the  laws  of 2010, is amended to read as
follows:
  3. A "specified offense" is an offense defined by any of the following
provisions of  this  chapter:  section  120.00  (assault  in  the  third
degree);  section  120.05 (assault in the second degree); section 120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person less than eleven years old);  section  120.13  (menacing  in  the
first  degree);  section 120.14 (menacing in the second degree); section
120.15 (menacing in the third degree); section 120.20  (reckless  endan-
germent  in the second degree); section 120.25 (reckless endangerment in
the first degree); section 121.12 (strangulation in the second  degree);
section  121.13  (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the  first  degree);  section
125.25  (murder  in  the second degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third  degree);  section
120.55  (stalking in the second degree); section 120.60 (stalking in the
first degree); subdivision one of section  130.35  (rape  in  the  first
degree);  subdivision  one of section 130.50 (criminal sexual act in the
first degree); subdivision one of section 130.65 (sexual  abuse  in  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02858-02-4

S. 951--A                           2

first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
(aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
vision  one  of  section  130.70  (aggravated  sexual abuse in the first
degree);  section  135.05  (unlawful imprisonment in the second degree);
section 135.10 (unlawful imprisonment  in  the  first  degree);  section
135.20  (kidnapping in the second degree); section 135.25 (kidnapping in
the first degree); section  135.60  (coercion  in  the  second  degree);
section  135.65 (coercion in the first degree); section 140.10 (criminal
trespass in the third degree); section 140.15 (criminal trespass in  the
second  degree); section 140.17 (criminal trespass in the first degree);
section 140.20 (burglary in the third degree); section 140.25  (burglary
in  the  second  degree); section 140.30 (burglary in the first degree);
section 145.00 (criminal mischief in the fourth degree); section  145.05
(criminal  mischief  in  the  third  degree);  section  145.10 (criminal
mischief in the second degree); section 145.12 (criminal mischief in the
first degree); SECTION 145.60 (MAKING GRAFFITI); section  150.05  (arson
in  the  fourth  degree);  section  150.10  (arson in the third degree);
section 150.15 (arson in the second degree); section  150.20  (arson  in
the first degree); section 155.25 (petit larceny); section 155.30 (grand
larceny  in  the  fourth  degree);  section 155.35 (grand larceny in the
third degree); section 155.40 (grand  larceny  in  the  second  degree);
section  155.42  (grand  larceny  in  the  first degree); section 160.05
(robbery in the third degree); section 160.10  (robbery  in  the  second
degree);  section  160.15  (robbery in the first degree); section 240.25
(harassment in the first  degree);  subdivision  one,  two  or  four  of
section  240.30  (aggravated  harassment  in  the second degree); or any
attempt or conspiracy to commit any of the foregoing offenses.
  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.

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