senate Bill S951A
(D, WF) 21st Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Includes bias-related graffiti in hate crimes.
TITLE OF BILL: An act to amend the penal law, in relation to
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
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.
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