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Assembly Bill A1179

2009-2010 Legislative Session

Provides for driver's license suspension upon second conviction of writing graffiti or possessing graffiti instruments

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Archive: Last Bill Status - Stricken

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2009-A1179 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd ยงยง145.60 & 145.65, Pen L

2009-A1179 (ACTIVE) - Summary

Provides that any person who carries graffiti tools into any public facility, shall be guilty of a misdemeanor; provides for driver's license suspension upon the second conviction of writing graffiti or possessing graffiti instruments and makes possessing graffiti instruments a class A misdemeanor rather than a class B misdemeanor.

2009-A1179 (ACTIVE) - Bill Text download pdf 

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

                                  1179

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to the suspension of driver's
  licenses of persons convicted of writing graffiti or possessing graff-
  iti tools

  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 is amended by adding a new
subdivision 3 to read as follows:
  3. UPON THE CONVICTION OF ANY PERSON FOR VIOLATING THE  PROVISIONS  OF
THIS  SECTION  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING THIS
SECTION, THE COURT MAY SUSPEND SUCH  INDIVIDUAL'S  DRIVER'S  LICENSE  OR
PRIVILEGE  TO  DRIVE  IN THIS STATE FOR A PERIOD OF ONE YEAR, OR, IN THE
EVENT SUCH INDIVIDUAL DOES NOT HAVE A DRIVER'S LICENSE,  THE  COURT  MAY
DELAY  THE  GRANTING OF A DRIVER'S LICENSE UNTIL SUCH INDIVIDUAL REACHES
NINETEEN YEARS OF AGE OR FOR A PERIOD OF ONE YEAR.
  S 2. Section 145.65 of the penal law, as added by chapter 458  of  the
laws of 1992, is amended to read as follows:
S 145.65 Possession of graffiti instruments.
  1.  A  person  is guilty of possession of graffiti instruments when he
possesses any tool, instrument, article, substance,  solution  or  other
compound  designed  or commonly used to etch, paint, cover, draw upon or
otherwise place a mark upon a piece of property which that person has no
permission or authority to etch, paint, cover, draw  upon  or  otherwise
mark,  under  circumstances  evincing  an intent to use same in order to
damage such property.
  2. UPON THE CONVICTION OF ANY PERSON FOR VIOLATING THE  PROVISIONS  OF
THIS  SECTION  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING THIS
SECTION, THE COURT MAY SUSPEND SUCH  INDIVIDUAL'S  DRIVER'S  LICENSE  OR
PRIVILEGE  TO  DRIVE  IN THIS STATE FOR A PERIOD OF ONE YEAR, OR, IN THE

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

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