S T A T E   O F   N E W   Y O R K
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                                 3193--A
    Cal. No. 383

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by Sens. STAVISKY, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes  --  recom-
  mitted  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 expanding the crime of
  making graffiti

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

  Section 1. Section 145.60 of the penal law, as added by chapter 458 of
the laws of 1992, is amended to read as follows:
S 145.60 Making graffiti IN THE SECOND DEGREE.
  [1.]  For purposes of this section AND SECTION 145.62 OF THIS ARTICLE,
the term "graffiti" shall mean the etching, painting, covering,  drawing
upon or otherwise placing of a mark upon public or private property with
intent  to  damage such property.  A PERSON IS GUILTY OF MAKING GRAFFITI
IN THE SECOND DEGREE WHEN HE OR SHE:
  [2. No person shall make] MAKES graffiti of any type on any  building,
public  or  private, or any other property real or personal owned by any
person, firm or corporation or any  public  agency  or  instrumentality,
without  the express permission of the owner or operator of said proper-
ty.
  Making graffiti IN THE SECOND DEGREE is a class A misdemeanor.
  S 2. The penal law is amended by adding a new section 145.62  to  read
as follows:
S 145.62 MAKING GRAFFITI IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF MAKING GRAFFITI IN THE FIRST DEGREE WHEN SUCH
PERSON DAMAGES PROPERTY OF ANOTHER PERSON IN  THE  MANNER  DESCRIBED  IN
SECTION 145.60 OF THIS ARTICLE AND HE OR SHE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00205-02-6
              

S. 3193--A                          2

  1.  WITHIN  THE  PREVIOUS TEN YEAR PERIOD, HAS BEEN CONVICTED THREE OR
MORE TIMES, IN SEPARATE CRIMINAL TRANSACTIONS  FOR  WHICH  SENTENCE  WAS
IMPOSED ON SEPARATE OCCASIONS, OF CRIMINAL MISCHIEF IN THE FOURTH DEGREE
AS  DEFINED  IN SECTION 145.00, CRIMINAL MISCHIEF IN THE THIRD DEGREE AS
DEFINED  IN  SECTION  145.05,  CRIMINAL MISCHIEF IN THE SECOND DEGREE AS
DEFINED IN SECTION 145.10, CRIMINAL MISCHIEF  IN  THE  FIRST  DEGREE  AS
DEFINED  IN  SECTION  145.12,  MAKING  GRAFFITI  IN THE SECOND DEGREE AS
DEFINED IN SECTION 145.60, OR MAKING GRAFFITI IN  THE  FIRST  DEGREE  AS
DEFINED IN SECTION 145.62 OF THIS ARTICLE; AND
  2.  DAMAGES  PROPERTY  OF  ANOTHER  PERSON  IN AN AMOUNT EXCEEDING TWO
HUNDRED FIFTY DOLLARS.
  MAKING GRAFFITI IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.