S T A T E O F N E W Y O R K
________________________________________________________________________
2888
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
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Introduced by M. of A. KOON, ZEBROWSKI -- Multi-Sponsored by -- M. of A.
BENJAMIN, BOYLAND, COLTON, GUNTHER, HOOPER, MAYERSOHN, SWEENEY -- read
once and referred to the Committee on Codes
AN ACT to amend the family court act, in relation to making juvenile
delinquents criminally responsible for the crime of cemetery dese-
cration in the first degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 353.1 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
1. The court may conditionally discharge the respondent if the court,
having regard for the nature and circumstances of the crime and for the
history, character and condition of the respondent, is of the opinion
that consistent with subdivision two of section 352.2, neither the
public interest nor the ends of justice would be served by a placement
and that probation supervision is not appropriate, PROVIDED THAT THE
COURT SHALL NOT CONDITIONALLY DISCHARGE THE RESPONDENT WHERE THE
RESPONDENT IS FOUND TO HAVE COMMITTED THE CRIME OF CEMETERY DESECRATION
IN THE FIRST DEGREE AS SET FORTH IN SECTION 145.23 OF THE PENAL LAW.
S 2. Section 353.2 of the family court act is amended by adding a new
subdivision 1-a to read as follows:
1-A. THE COURT SHALL, AT A MINIMUM, ORDER A PERIOD OF PROBATION WHERE
THE RESPONDENT IS FOUND TO HAVE COMMITTED THE CRIME OF CEMETERY DESE-
CRATION IN THE FIRST DEGREE AS SET FORTH IN SECTION 145.23 OF THE PENAL
LAW, AND REQUIRE SUCH RESPONDENT TO MAKE RESTITUTION PURSUANT TO SECTION
353.6, REGARDLESS OF THE AGE OF THE RESPONDENT. NOTHING SET FORTH IN
THIS SUBDIVISION SHALL PREVENT THE COURT FROM ORDERING THE PLACEMENT OF
THE RESPONDENT PURSUANT TO SECTION 353.3.
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02274-01-9