Senate Bill S2377

                                 BILL NUMBER:  S2377

 TITLE OF BILL :

An act to amend the penal law, in relation to penalties for making
graffiti and possession of graffiti instruments


 SUMMARY OF PROVISIONS :

The bill would amend Article 145.60 of Title I of the New York State
Penal Law by replacing the offense of Making Graffiti with the
offenses of Making Graffiti in the first degree and Making Graffiti in
the second degree. The bill would also amend section 145.65 of the
Penal Law by increasing the penalty for Possession of Graffiti
Instruments.

Section one would make the current offense of Making Graffiti, Penal
Law §145.60, into Making Graffiti in the second degree. Section two
would add a new offense, Making Graffiti in the first degree, Penal
Law §145.61, and make its penalty a Class E felony.

Section three would elevate Possession of Graffiti Instruments, Penal
Law §145.65, from a class B misdemeanor to a class A misdemeanor.

 JUSTIFICATION :
              

Graffiti is a destructive offense that communicates a message of
disorder and lawlessness in a neighborhood. The New York City Police
Department has made significant efforts to address and prevent
graffiti, including taking enforcement action against violators,
maintaining a database of intelligence information about graffiti
"tags" and offenders, and working with the Mayor's Anti-Graffiti Task
Force to facilitate removal. Further, the Department has reinvigorated
its efforts over the past three years, introducing weekly
"Graffiti-Stat" meetings, adding a Citywide Graffiti Coordinator and
local anti-graffiti coordinators, increasing the number of enforcement
personnel specifically focusing on this offense, and deploying
Department resources more effectively.

There are three essential elements of a successful anti-graffiti
initiative: enforcement, cleanup, and education. With respect to
cleanup and education, the Police Department works with partners such
as the Mayor's Community Assistance Unit, to involve and educate the
,public about the destructive nature of graffiti and the importance of
immediate removal of graffiti, Local police personnel encourage store
owners, community members, school personnel and students to report
graffiti and participate in cleanup operations. The New York City
Council has also enacted a local law which requires building owners to
keep their property graffiti-free, or be subject to a nuisance
abatement procedure allowing the city to remove graffiti without the
owner's consent.

The first element for success, enforcement, remains a pivotal focus,
and the Police Department's strategies described above have resulted
in a 162% increase in arrests when comparing 2004 to 2007. All of the
attention and resources devoted to this effort cannot be effective,
however, if the crime is not taken seriously when the offenders are
brought before the court. Therefore, it is imperative that the
criminal penalties addressing this destructive behavior match the
seriousness of the offense. The actual damage to the property and the
cost of removing graffiti should be reflected in the penalty level for
the crime, and the penalty should be increased for the repeat
offenders who cause this damage. Thus, the penalty for Making Graffiti
should be upgraded to a class E felony when the offender has committed
the crime or a related offense before, which matches the current
criminal penalty for Criminal Mischief in the third degree, committed
when the damage to property exceeds $250. Possession of Graffiti
Instruments should also be upgraded, to reflect the seriousness of the
offense and to more effectively discourage the carrying of graffiti
tools, which can be used very quickly to deface the property of
others.

The New York City Police Department is committed to an enhanced focus
on graffiti, through using its own resources and working with its
partners to catch graffiti vandals and to prevent and deter this
highly destructive crime. The criminal penalties should be increased
in order to maximize this effort, leading to an improvement in the
quality of life for all.

 LEGISLATIVE HISTORY :

S.7072/A.10294 of 2008 (Passed Senate)

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.