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

                                   849

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens. KLEIN, AVELLA, RANZENHOFER, STAVISKY -- 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 bias-related graffiti, the
  disposition of graffiti offenses, graffiti for the purpose of  promot-
  ing gang related activities and graffiti upon religious property

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

  Section 1.  The penal law is amended by adding a new section 60.31  to
read as follows:
S 60.31 AUTHORIZED  DISPOSITION;  AGGRAVATED  HARASSMENT  IN  THE  FIRST
          DEGREE.
  WHEN A PERSON IS CONVICTED  OF  AGGRAVATED  HARASSMENT  IN  THE  FIRST
DEGREE AS DEFINED IN SECTION 240.31 OF THIS CHAPTER, OR OF AN ATTEMPT TO
COMMIT  SUCH AN OFFENSE, OR OF A LESSER INCLUDED OFFENSE, IN ADDITION TO
ANY OTHER SENTENCE IMPOSED OR AS A CONDITION OF PROBATION OR CONDITIONAL
DISCHARGE THE COURT MAY ORDER SUCH PERSON TO PARTICIPATE IN, AT  HIS  OR
HER  OWN EXPENSE, A DIVERSITY TRAINING PROGRAM THAT IS DESIGNED TO OVER-
COME DISCRIMINATION, PREJUDICE AND INTOLERANCE, AND THAT PROMOTES COMMU-
NICATION, UNDERSTANDING AND RESPECT AMONG DIVERSE RACIAL, RELIGIOUS  AND
ETHNIC GROUPS.
  S 2. Paragraph (h) of subdivision 2 of section 65.10 of the penal law,
as  amended  by  chapter  508 of the laws of 2001, is amended to read as
follows:
  (h) Perform services for a public or not-for-profit corporation, asso-
ciation, institution or agency, including but not  limited  to  services
for  the  [division]  OFFICE of ALCOHOLISM AND substance abuse services,
[services in an appropriate community program for  removal  of  graffiti
from  public  or private property, including any property damaged in the
underlying offense,] or services for the maintenance and repair of  real

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

                                                           LBD03821-01-5

S. 849                              2

or  personal property maintained as a cemetery plot, grave, burial place
or other place of interment of human remains. Provided however, that the
performance of any such services shall not result in the displacement of
employed  workers  or  in  the  impairment  of  existing  contracts  for
services, nor shall the performance of any such services be required  or
permitted  in any establishment involved in any labor strike or lockout.
The court may establish  provisions  for  the  early  termination  of  a
sentence   of   probation  or  conditional  discharge  pursuant  to  the
provisions of subdivision three of section 410.90 of the criminal proce-
dure law after such services have been completed. Such sentence may only
be imposed upon conviction of a misdemeanor, violation, or  class  D  or
class  E  felony,  or  a  youthful  offender  finding replacing any such
conviction, where the defendant has consented to the amount  and  condi-
tions of such service;
  S  3. Section 65.10 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
  6. GRAFFITI REMOVAL.   WHEN IMPOSING A SENTENCE  OF  PROBATION  OR  OF
CONDITIONAL  DISCHARGE IN CONNECTION WITH A VIOLATION OF SECTION 145.60,
145.62 OR 145.65 OF THIS CHAPTER, THE COURT SHALL AS A CONDITION OF  THE
SENTENCE,  REQUIRE  THAT  THE  DEFENDANT  REMOVE GRAFFITI FROM PUBLIC OR
PRIVATE PROPERTY, INCLUDING  ANY  PROPERTY  DAMAGED  IN  THE  UNDERLYING
OFFENSE, UNLESS THE COURT SHALL DETERMINE THAT AN APPROPRIATE PROGRAM TO
SUPERVISE  SUCH  REMOVAL  IS NOT AVAILABLE OR THAT SUCH GRAFFITI REMOVAL
WOULD  BE  UNREASONABLY  DANGEROUS;  PROVIDED,  HOWEVER,  THAT  GRAFFITI
REMOVAL  FROM  PRIVATE  PROPERTY  PURSUANT  TO THIS SUBDIVISION SHALL BE
SUBJECT TO CONSENT OF THE OWNER OF SUCH PROPERTY.
  S 4. 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.
  2. [No person shall make] A PERSON IS GUILTY OF MAKING GRAFFITI IN THE
SECOND DEGREE WHEN HE OR SHE 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 5. 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 HE OR
SHE COMMITS THE OFFENSE OF MAKING  GRAFFITI  IN  THE  SECOND  DEGREE  AS
DEFINED IN SECTION 145.60 OF THIS ARTICLE:
  1. IN A MANNER TO PROMOTE OR ENCOURAGE GANG RELATED ACTIVITIES; OR
  2. HAVING KNOWLEDGE THAT SUCH PROPERTY IS USED AS A PLACE OF RELIGIOUS
WORSHIP,  HE  OR  SHE  DAMAGES A BUILDING, STRUCTURE OR THE CURTILAGE OF
SUCH BUILDING OR STRUCTURE USED AS A PLACE OF  RELIGIOUS  WORSHIP  BY  A
RELIGIOUS  CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS CORPORATIONS
LAW; OR
  3. HAVING KNOWLEDGE THAT SUCH PROPERTY COMPRISES A  DISPLAY  OF  RELI-
GIOUS  SYMBOLS WHICH ARE FOR A REPRESENTATIVE EXPRESSION OF FAITH, HE OR
SHE DAMAGES A SCROLL, RELIGIOUS  VESTMENT,  VESSEL,  ITEM  COMPRISING  A
DISPLAY  OF  RELIGIOUS  SYMBOLS WHICH ARE A REPRESENTATIVE EXPRESSION OF

S. 849                              3

FAITH OR A MISCELLANEOUS ITEM OF PROPERTY KEPT OR  USED  IN  OR  UPON  A
BUILDING, STRUCTURE OR CURTILAGE THEREOF DESCRIBED IN SUBDIVISION TWO OF
THIS SECTION.
  MAKING GRAFFITI IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 6. Section 240.31 of the penal law is amended by adding a new subdi-
vision 1-a to read as follows:
  1-A.  ETCHES,  PAINTS,  COVERS,  DRAWS UPON OR OTHERWISE PLACES A MARK
UPON ANY BUILDING OR ANY OTHER REAL PROPERTY, PUBLIC OR PRIVATE, WITHOUT
THE EXPRESS PERMISSION OF THE OWNER OR OPERATOR OF SUCH BUILDING OR REAL
PROPERTY; OR
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.