S T A T E   O F   N E W   Y O R K
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                                  4339

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by  M.  of A. HYER-SPENCER, BENEDETTO, MARKEY, ALFANO, BALL,
  ERRIGO, WALKER, McDONOUGH -- Multi-Sponsored by --  M.  of  A.  BARRA,
  CUSICK,  GABRYSZAK, GALEF, HOYT, JOHN, MAISEL, WEISENBERG -- read once
  and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to penalties for graffiti and
  related misdemeanors

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

  Section  1. The second undesignated paragraph of section 145.25 of the
penal law is amended to read as follows:
  Reckless endangerment of property BY A PERSON FIFTEEN YEARS OF AGE  OR
YOUNGER  is a class B misdemeanor ADDITIONALLY PUNISHABLE BY INELIGIBIL-
ITY FOR A DRIVER'S LICENSE UNTIL THE AGE OF TWENTY-ONE; RECKLESS  ENDAN-
GERMENT  OF  PROPERTY BY A PERSON BETWEEN THE AGES OF SIXTEEN AND TWENTY
IS A CLASS B MISDEMEANOR ADDITIONALLY PUNISHABLE BY SUSPENSION OF HIS OR
HER DRIVER'S LICENSE UNTIL THE AGE OF TWENTY-ONE OR INELIGIBILITY FOR  A
DRIVER'S  LICENSE  UNTIL THE AGE OF TWENTY-ONE; RECKLESS ENDANGERMENT OF
PROPERTY BY A PERSON AGE TWENTY-ONE YEARS OF AGE OR OLDER IS A  CLASS  B
MISDEMEANOR.
  S  2.  The  closing  paragraph  of section 145.60 of the penal law, as
added by chapter 458 of the laws of 1992, is amended to read as follows:
  Making graffiti BY A PERSON FIFTEEN YEARS OF AGE OR YOUNGER is a class
A misdemeanor ADDITIONALLY PUNISHABLE BY INELIGIBILITY  FOR  A  DRIVER'S
LICENSE UNTIL THE AGE OF TWENTY-ONE; MAKING GRAFFITI BY A PERSON BETWEEN
THE  AGES  OF  SIXTEEN  AND TWENTY IS A CLASS A MISDEMEANOR ADDITIONALLY
PUNISHABLE BY SUSPENSION OF HIS OR HER DRIVER'S LICENSE UNTIL THE AGE OF
TWENTY-ONE OR INELIGIBILITY FOR A DRIVER'S  LICENSE  UNTIL  THE  AGE  OF
TWENTY-ONE;  MAKING  GRAFFITI BY A PERSON AGE TWENTY-ONE YEARS OF AGE OR
OLDER IS A CLASS A MISDEMEANOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07470-01-9

A. 4339                             2
              

  S 3. The second undesignated paragraph of section 145.65 of the  penal
law,  as added by chapter 458 of the laws of 1992, is amended to read as
follows:
  Possession of graffiti instruments BY A PERSON FIFTEEN YEARS OF AGE OR
YOUNGER  is a class B misdemeanor ADDITIONALLY PUNISHABLE BY INELIGIBIL-
ITY FOR A DRIVER'S LICENSE UNTIL THE AGE OF  TWENTY-ONE;  POSSESSION  OF
GRAFFITI  INSTRUMENTS BY A PERSON BETWEEN THE AGES OF SIXTEEN AND TWENTY
IS A CLASS A MISDEMEANOR ADDITIONALLY PUNISHABLE BY SUSPENSION OF HIS OR
HER DRIVER'S LICENSE UNTIL THE AGE OF TWENTY-ONE OR INELIGIBILITY FOR  A
DRIVER'S  LICENSE  UNTIL  THE  AGE OF TWENTY-ONE; POSSESSION OF GRAFFITI
INSTRUMENTS BY A PERSON AGE TWENTY-ONE YEARS OF AGE OR OLDER IS A  CLASS
A MISDEMEANOR.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.