NY State Senate Bill 2009-S1909C

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2010	referred to codes delivered to assembly passed senate
May 10, 2010	advanced to third reading
May 05, 2010	2nd report cal.
May 04, 2010	1st report cal.493
Apr 28, 2010	print number 1909c
Apr 28, 2010	amend and recommit to codes
Jan 06, 2010	referred to codes
Jul 16, 2009	committed to rules
Jun 04, 2009	advanced to third reading
Jun 03, 2009	2nd report cal.
Jun 02, 2009	1st report cal.563
May 28, 2009	print number 1909b
May 28, 2009	amend and recommit to codes
May 13, 2009	print number 1909a
May 13, 2009	amend and recommit to codes
Feb 09, 2009	referred to codes

Votes

- May 12, 2010 - Floor Vote
  S1909C
  
  Aye
  
  61
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: May 12, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      absent (1)
      
      Sampson
  May 4, 2010 - Codes Committee Vote
  S1909C
  
  Aye
  
  14
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: May 4, 2010
      
      aye (14)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Flanagan
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker
      
      aye wr (2)
      
      Duane
      
      Golden
  Jun 2, 2009 - Codes Committee Vote
  S1909C
  
  Aye
  
  16
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Jun 2, 2009
      
      aye (16)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Flanagan
      
      Golden
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker

Bill Amendments

Original

C (Active)

2009-S1909 - Details

See Assembly Version of this Bill:: A180
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§155.30 & 240.70, add §240.75, Pen L

2009-S1909 - Summary

Increases penalties for vandalism to a house of worship or theft of a house of worship; includes any statues, menorahs and nativity scenes located outside the building or structure of worship on the property of the religious corporation.

2009-S1909 - Sponsor Memo

                                 BILL NUMBER:  S1909

 TITLE OF BILL :

An act to amend the penal law, in relation to vandalism and theft in
connection with places of worship


 PURPOSE OR GENERAL IDEA OF BILL :

Increases penalties for vandalism to or theft from a house of worship.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends subdivision 9 of section 155.30 of the penal law, as
added by chapter 450 of the laws of 1990 to include the theft of
religious property, such as statues and holiday displays located on
the property of religious institutions in the definition of grand
larceny in the fourth degree, a class E felony.

Section 2 amends section 240.71 of the penal law, as added by chapter
635 of the laws of 1999 to add intentional damage to the property of a
place of religious worship in excess of one hundred dollars to the
possible elements of criminal interference with health care services
or religious worship in the first degree, a class E felony.

 JUSTIFICATION :

Existing grand larceny statutes protects scrolls, religious vestments,
vessels and other items used in connection with religious worship
which are located in any building or structure used as a place of
worship by a religious corporation, but does not afford the same
protection to religious items displayed outside the facility. Current
law also punishes intentional damage to the property of a house of
worship as a class A misdemeanor, regardless of the amount of damage
caused. Religious institutions can ill afford the costs associated
with thefts and vandalism to their facilities and their property.
Statues and outdoor religious displays, especially temporary holiday
displays, have been popular targets for thieves and vandals, as these
items often have minimal security.

 PRIOR LEGISLATIVE HISTORY :

2006 - S6439 - Referred to Codes
2008 - S2295 - Referred to Codes

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2009-S1909 - Bill Text download pdf

co-Sponsors

View additional co-sponsors

2009-S1909A - Details

See Assembly Version of this Bill:: A180
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§155.30 & 240.70, add §240.75, Pen L

2009-S1909A - Summary

2009-S1909A - Sponsor Memo

2009-S1909A - Bill Text download pdf

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

                                 1909--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by Sens. KLEIN, DIAZ, DILAN, ESPADA, HASSELL-THOMPSON, HUNT-
  LEY, C. JOHNSON, KRUEGER, ONORATO, PARKER, SAMPSON,  SAVINO,  SERRANO,
  SMITH, STAVISKY -- read twice and ordered printed, and when printed to
  be  committed  to the Committee on Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the penal law, in relation to vandalism and theft in
  connection with places of worship

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

  Section  1. Subdivision 9 of section 155.30 of the penal law, as added
by chapter 450 of the laws of 1990, is amended to read as follows:
  9. The property consists of a scroll, religious  vestment,  vessel  or
other  item  of  property having a value of at least one hundred dollars
kept for or used in connection with religious worship in any building or
structure used as a place of religious worship  by  a  religious  corpo-
ration,  as  incorporated  under  the  religious corporations law or the
education law. THIS SUBDIVISION SHALL ALSO APPLY IF ANY OF THE AFORESAID
PROPERTY OR OTHER PROPERTY INCLUDING, BUT NOT LIMITED TO, STATUES, MENO-
RAHS AND NATIVITY SCENES IS LOCATED OUTSIDE THE BUILDING OR STRUCTURE OF
WORSHIP ON THE PROPERTY OF THE RELIGIOUS CORPORATION.
  S 2. Subdivision 2 of section 145.05 of the penal law, as  amended  by
chapter 276 of the laws of 2003, is amended to read as follows:
  2.  damages  property  of  another  person  in an amount exceeding two
hundred fifty dollars, OR IN WHICH THE INITIAL  DAMAGE  TO  A  PLACE  OF
WORSHIP EXCEEDS ONE HUNDRED DOLLARS.
  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.
                                                           LBD01101-02-9

co-Sponsors

View additional co-sponsors

2009-S1909B - Details

See Assembly Version of this Bill:: A180
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§155.30 & 240.70, add §240.75, Pen L

2009-S1909B - Summary

2009-S1909B - Sponsor Memo

2009-S1909B - Bill Text download pdf

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

                                 1909--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by Sens. KLEIN, DIAZ, DILAN, ESPADA, HASSELL-THOMPSON, HUNT-
  LEY, C. JOHNSON, KRUEGER, ONORATO, PARKER, SAMPSON,  SAVINO,  SERRANO,
  SMITH, STAVISKY -- read twice and ordered printed, and when printed to
  be  committed  to the Committee on Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

AN ACT to amend the penal law, in relation to  vandalism  and  theft  in
  connection with places of worship

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

  Section 1. Subdivision 9 of section 155.30 of the penal law, as  added
by chapter 450 of the laws of 1990, is amended to read as follows:
  9.  The  property  consists of a scroll, religious vestment, vessel or
other item of property having a value of at least  one  hundred  dollars
kept for or used in connection with religious worship in any building or
structure  used  as  a  place of religious worship by a religious corpo-
ration, as incorporated under the  religious  corporations  law  or  the
education law. THIS SUBDIVISION SHALL ALSO APPLY IF ANY OF THE AFORESAID
PROPERTY  INCLUDING,  BUT NOT LIMITED TO, STATUES, MENORAHS AND NATIVITY
SCENES IS LOCATED OUTSIDE AND WITHIN ONE HUNDRED FEET OF THE BUILDING OR
STRUCTURE OF WORSHIP ON THE PROPERTY OF THE RELIGIOUS CORPORATION.
  S 2. The opening paragraph of section 240.71  of  the  penal  law,  as
added by chapter 635 of the laws of 1999, is amended to read as follows:
  1.  A  person  is  guilty  of  criminal  interference with health care
services or religious worship in the first degree when he or she commits
the crime of criminal interference with health care  services  or  reli-
gious  worship in the second degree and has been previously convicted of
the crime of criminal interference with health care  services  or  reli-
gious worship in the first or second degree[.] RESPECTIVELY; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01101-08-9

S. 1909--B                          2

  2.  A PERSON IS GUILTY OF CRIMINAL INTERFERENCE WITH RELIGIOUS WORSHIP
IN THE FIRST DEGREE WHEN HE OR SHE COMMITS  CRIMINAL  INTERFERENCE  WITH
RELIGIOUS  WORSHIP  IN  THE  SECOND  DEGREE  AND HE OR SHE INTENTIONALLY
DAMAGES PROPERTY OF A PLACE  OF  WORSHIP  IN  AN  AMOUNT  EXCEEDING  ONE
HUNDRED FIFTY DOLLARS.
  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.

co-Sponsors

View additional co-sponsors

2009-S1909C (ACTIVE) - Details

See Assembly Version of this Bill:: A180
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§155.30 & 240.70, add §240.75, Pen L

2009-S1909C (ACTIVE) - Summary

2009-S1909C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1909C

 TITLE OF BILL :
An act to amend the penal law, in relation to vandalism and theft in
connection with places of worship


 PURPOSE OR GENERAL IDEA OF BILL :
Expands the definition of property of a place of religious worship and
increases penalties for vandalism to or theft from a place of
religious of worship.

 SUMMARY OF SPECIFIC PROVISIONS A
Section 1: amends penal law section 155.30(9)to include in the
definition of grand larceny in the fourth degree the theft of
religious property consisting of a statue, menorah and nativity scene
and any religious property located on real property owned, leased or
utilized by a religious corporation that is located within one hundred
feet of any building or structure.

Section 2: amends penal law section 240.70 to create a new definition
of "property of a place of religious worship" for purposes of section
240.70 and a new section 240.75 of the penal law. Property of a place
of religious worship includes property located within any building or
structure used as a place of religious worship by a religious
corporation, as incorporated under the religious corporations law or

the education law, or located on real property owned, leased or
utilized by such religious corporation within one hundred feet of any
such building or structure.

Section 3 creates a new section 240.75 of the penal law, Aggravated
interference with religious worship, an E felony. Aggravated
interference with religious worship occurs when a person: 1. Injures,
intimidates, or interferes with a person exercising religious freedom
in violation of section 240.70(c)of the penal law and in the course of
said commission damages property worth more than $150.00, or 2.
Damages property of a place of religious worship in violation of
section 240.70 (d) and the property is worth more than $150.00.

 JUSTIFICATION :
Religious institutions can ill afford the costs associated with thefts
and vandalism to their facilities and their property. Statues and
outdoor religious displays, especially temporary holiday displays,
have been popular targets for thieves and vandals, as these items
often have minimal security.  Existing grand larceny statutes protect
scrolls, religious vestments, vessels and other items used in
connection with religious worship that are located in any building or
structure used as a place of worship by a religious corporation, but
do not afford the same protection to religious items displayed outside
the facility. This bill affords this new protection.  Current law also
punishes intentional damage to the property of a house of worship as a
class A misdemeanor, regardless of the amount of damage caused or the
context in which the damage was caused. This bill creates a new E
felony crime, aggravated interference with religious worship, for
those instances in which a person damages property in the course of
injuring, intimidating or interfering with religious freedom, and when
property of a place of religious worship is damaged in an amount
greater than $150.00. The criminal interference with religious worship
law (240.70 and 240.74) is also expanded to include and protect
property located outside and on the grounds of places of religious
worship.

 PRIOR LEGISLATIVE HISTORY :;
2006 - S.6439 - Referred to Codes
2008 - S.2295 - Referred to Codes

 FISCAL IMPLICATIONS :;
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2009-S1909C (ACTIVE) - Bill Text download pdf

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

                                 1909--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by Sens. KLEIN, ADDABBO, DIAZ, DILAN, ESPADA, HASSELL-THOMP-
  SON, HUNTLEY, C. JOHNSON, KRUEGER, ONORATO, PARKER,  SAMPSON,  SAVINO,
  SCHNEIDERMAN,  SERRANO,  SMITH,  STAVISKY  --  read  twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to  the Committee on Codes in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the penal law, in relation to vandalism and theft in
  connection with places of worship

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

  Section  1. Subdivision 9 of section 155.30 of the penal law, as added
by chapter 450 of the laws of 1990, is amended to read as follows:
  9. The property consists of  a  scroll,  religious  vestment,  vessel,
STATUE, MENORAH, NATIVITY SCENE or other item of property having a value
of  at  least  one  hundred  dollars kept for or used in connection with
religious worship in any building or structure used as a place of  reli-
gious  worship  by  a  religious  corporation, as incorporated under the
religious corporations law or the education  law,  OR  LOCATED  ON  REAL
PROPERTY OWNED, LEASED OR UTILIZED BY SUCH A RELIGIOUS CORPORATION WITH-
IN ONE HUNDRED FEET OF ANY SUCH BUILDING OR STRUCTURE.
  S 2. The opening paragraph and paragraphs (d) and (e) of subdivision 3
of  section 240.70 of the penal law, as added by chapter 635 of the laws
of 1999, are amended and a  new  paragraph  (f)  is  added  to  read  as
follows:
  For purposes of this section AND SECTION 240.75 OF THIS ARTICLE:
  (d) the term "physical obstruction" means rendering impassable ingress
to  or egress from a facility that provides reproductive health services

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01101-12-0

S. 1909--C                          2

or to or from a place of religious worship, or rendering passage  to  or
from  such  a facility or place of religious worship unreasonably diffi-
cult or hazardous; [and]
  (e) the term "reproductive health services" means health care services
provided in a hospital, clinic, physician's office or other facility and
includes  medical, surgical, counseling or referral services relating to
the human reproductive system, including services relating to  pregnancy
or the termination of a pregnancy[.]; AND
  (F) THE TERM "PROPERTY OF A PLACE OF RELIGIOUS WORSHIP" INCLUDES PROP-
ERTY  LOCATED  WITHIN ANY BUILDING OR STRUCTURE USED AS A PLACE OF RELI-
GIOUS WORSHIP BY A RELIGIOUS  CORPORATION,  AS  INCORPORATED  UNDER  THE
RELIGIOUS  CORPORATIONS  LAW  OR  THE  EDUCATION LAW, OR LOCATED ON REAL
PROPERTY OWNED, LEASED OR UTILIZED BY SUCH A RELIGIOUS CORPORATION WITH-
IN ONE HUNDRED FEET OF ANY SUCH BUILDING OR STRUCTURE.
  S 3. The penal law is amended by adding a new section 240.75  to  read
as follows:
S 240.75 AGGRAVATED INTERFERENCE WITH RELIGIOUS WORSHIP.
  A  PERSON  IS GUILTY OF AGGRAVATED INTERFERENCE WITH RELIGIOUS WORSHIP
WHEN HE OR SHE:
  1. COMMITS THE OFFENSE  OF  CRIMINAL  INTERFERENCE  WITH  HEALTH  CARE
SERVICES  OR  RELIGIOUS WORSHIP IN THE SECOND DEGREE AS DEFINED IN PARA-
GRAPH (C) OF SUBDIVISION ONE OF SECTION  240.70 OF THIS ARTICLE, AND  IN
THE  COURSE OF THE COMMISSION OF SUCH OFFENSE OR IMMEDIATE FLIGHT THERE-
FROM HE OR SHE DAMAGES THE PROPERTY OF A PLACE OF RELIGIOUS  WORSHIP  IN
AN AMOUNT EXCEEDING ONE HUNDRED FIFTY DOLLARS; OR
  2.  COMMITS  THE  OFFENSE  OF  CRIMINAL  INTERFERENCE WITH HEALTH CARE
SERVICES OR RELIGIOUS WORSHIP IN THE SECOND DEGREE AS DEFINED  IN  PARA-
GRAPH  (D) OF SUBDIVISION ONE OF SECTION 240.70 OF THIS ARTICLE BY MEANS
OF INTENTIONALLY DAMAGING THE PROPERTY OF A PLACE OF  RELIGIOUS  WORSHIP
AND SUCH DAMAGE IS IN AN AMOUNT EXCEEDING ONE HUNDRED FIFTY DOLLARS.
  AGGRAVATED INTERFERENCE WITH RELIGIOUS WORSHIP IS A CLASS E FELONY.
  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.

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Senate Bill S1909C

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Votes

May 12, 2010 - Floor Vote

Floor Vote: May 12, 2010

May 4, 2010 - Codes Committee Vote

Codes Committee Vote: May 4, 2010

Jun 2, 2009 - Codes Committee Vote

Codes Committee Vote: Jun 2, 2009

Bill Amendments

2009-S1909 - Details

2009-S1909 - Summary

2009-S1909 - Sponsor Memo

2009-S1909 - Bill Text download pdf

co-Sponsors

2009-S1909A - Details

2009-S1909A - Summary

2009-S1909A - Sponsor Memo

2009-S1909A - Bill Text download pdf

co-Sponsors

2009-S1909B - Details

2009-S1909B - Summary

2009-S1909B - Sponsor Memo

2009-S1909B - Bill Text download pdf

co-Sponsors

2009-S1909C (ACTIVE) - Details

2009-S1909C (ACTIVE) - Summary

2009-S1909C (ACTIVE) - Sponsor Memo

2009-S1909C (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Votes

Bill Amendments

2009-S1909 - Details

2009-S1909 - Summary

2009-S1909 - Sponsor Memo

2009-S1909 - Bill Text download pdf

co-Sponsors

2009-S1909A - Details

2009-S1909A - Summary

2009-S1909A - Sponsor Memo

2009-S1909A - Bill Text download pdf

co-Sponsors

2009-S1909B - Details

2009-S1909B - Summary

2009-S1909B - Sponsor Memo

2009-S1909B - Bill Text download pdf

co-Sponsors

2009-S1909C (ACTIVE) - Details

2009-S1909C (ACTIVE) - Summary

2009-S1909C (ACTIVE) - Sponsor Memo

2009-S1909C (ACTIVE) - Bill Text download pdf

Comments