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Senate Bill S2686

2009-2010 Legislative Session

Relates to cemetery desecration in the first degree

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S2686 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง145.23, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S473
2013-2014: S3307
2015-2016: S3806
2017-2018: S1109
2019-2020: S345
2021-2022: S3691
2023-2024: S2114
2025-2026: S4821

2009-S2686 (ACTIVE) - Summary

Removes the $250 amount of damage from cemetery desecration in the first degree; makes cemetery desecration in the first degree a Class E felony to apply to any damage or theft regardless of value.

2009-S2686 (ACTIVE) - Sponsor Memo

2009-S2686 (ACTIVE) - Bill Text download pdf 

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

                                  2686

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

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.
                                                           LBD00899-01-9

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