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Senate Bill S445

2009-2010 Legislative Session

Prohibits graffiti in transportation facilities

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2009-S445 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Transportation Law
Laws Affected:
Add ยง148, Transp L
Versions Introduced in 2011-2012 Legislative Session:
S2606

2009-S445 (ACTIVE) - Summary

Prohibits the defacing of any public transportation facility and makes it the crime of unlawful graffiti in a transportation facility, a class B misdemeanor; defines "graffiti" and "transportation facility or conveyance".

2009-S445 (ACTIVE) - Sponsor Memo

2009-S445 (ACTIVE) - Bill Text download pdf 

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

                                   445

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the  transportation  law,  in  relation  to  prohibition
  against graffiti in transportation facilities

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

  Section 1.  The transportation law is amended by adding a new  section
148 to read as follows:
  S  148. UNLAWFUL GRAFFITI IN A TRANSPORTATION FACILITY. 1. THE FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "GRAFFITI" MEANS SCRIBBLING, WRITING,  SCRATCH,  SLOGAN,  DRAWING,
PAINTING OR INSCRIPTION.
  (B)  "TRANSPORTATION  FACILITY  OR  CONVEYANCE"  MEANS ANY CONVEYANCE,
PREMISES OR PLACE USED FOR OR IN CONNECTION WITH PUBLIC PASSENGER TRANS-
PORTATION, WHETHER BY RAILROAD, SUBWAY OR BUS. IT SHALL INCLUDE    RAIL-
ROAD  CARS,  SUBWAY CARS, AND BUSES, AND RAILROAD, SUBWAY AND BUS TERMI-
NALS, STATIONS, DEPOTS, MAINTENANCE SHOPS, STORAGE  FACILITIES  AND  ALL
APPURTENANCES  THERETO,  INCLUDING STANCHIONS, PEDESTRIAN BRIDGES, OVER-
HEAD BRIDGES AND THEIR ABUTMENTS, UNDERPASSES, RAILROAD TRACKS,  TUNNELS
AND PLATFORMS.
  2. A PERSON IS GUILTY OF UNLAWFUL GRAFFITI IN A TRANSPORTATION FACILI-
TY  WHEN,  HAVING NO RIGHT TO DO SO NOR ANY REASONABLE GROUND TO BELIEVE
THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE DEFACES A TRANSPORTATION FACIL-
ITY OR CONVEYANCE BY INTENTIONALLY CAUSING GRAFFITI TO BE PLACED IN  ANY
MANNER ON A TRANSPORTATION FACILITY OR CONVEYANCE.
  3. UNLAWFUL GRAFFITI IS A CLASS B MISDEMEANOR; PROVIDED, HOWEVER, THAT
ANY  SENTENCE  FOR  SUCH  CRIME OR ATTEMPT TO COMMIT SUCH CRIME SHALL AT
LEAST BE OR INCLUDE A  FINE  OR  A  CONDITIONAL  DISCHARGE  WHICH  SHALL
INCLUDE  AS A CONDITION THAT THE DEFENDANT PERFORM SERVICES FOR A PUBLIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03595-01-9

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