Senate Bill S3304

2009-2010 Legislative Session

Includes bias-related graffiti in crime of aggravated harassment in the first degree

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2009-S3304 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.31, add §60.31, Pen L; amd §§502 & 510, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1842
2013-2014: S951
2015-2016: S2655
2017-2018: S2348
2019-2020: S4707
2021-2022: S5072
2023-2024: S6366

2009-S3304 (ACTIVE) - Summary

Includes bias-related graffiti in crime of aggravated harassment in the first degree; makes provisions authorizing the court in sentencing a person for bias-related graffiti to participate in a diversity training program and/or to suspend the driving license of such person; makes related provisions.

2009-S3304 (ACTIVE) - Sponsor Memo

2009-S3304 (ACTIVE) - Bill Text download pdf

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

                                  3304

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
  relation to bias-related graffiti

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

  Section 1. Section 240.31 of the penal law is amended by adding a  new
subdivision 1-a to read as follows:
  1-A.  ETCHES,  PAINTS,  COVERS,  DRAWS UPON OR OTHERWISE PLACES A MARK
UPON PUBLIC OR PRIVATE PROPERTY; OR
  S 2. The penal law is amended by adding a new section 60.31 to read as
follows:
S 60.31 AUTHORIZED  DISPOSITION;  AGGRAVATED  HARASSMENT  IN  THE  FIRST
            DEGREE.
  WHEN  A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SUBDIVISION ONE-A
OF SECTION 240.31 OF THIS CHAPTER, OR OF AN ATTEMPT TO  COMMIT  SUCH  AN
OFFENSE,  OR  OF  A  LESSER  INCLUDED  OFFENSE, IN ADDITION TO ANY OTHER
SENTENCE  IMPOSED  OR  AS  A  CONDITION  OF  PROBATION  OR   CONDITIONAL
DISCHARGE: (1) THE COURT MAY ORDER SUCH PERSON TO PARTICIPATE IN, AT HIS
OWN  EXPENSE,  A DIVERSITY TRAINING PROGRAM THAT IS DESIGNED TO OVERCOME
DISCRIMINATION, PREJUDICE AND INTOLERANCE, AND  THAT  PROMOTES  COMMUNI-
CATION,  UNDERSTANDING  AND  RESPECT AMONG DIVERSE RACIAL, RELIGIOUS AND
ETHNIC GROUPS AND/OR (2) MAY SUSPEND SUCH INDIVIDUAL'S DRIVER'S  LICENSE
OR  PRIVILEGE TO DRIVE IN THIS STATE FOR A PERIOD OF UP TO 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 FOR A PERIOD OF UP  TO  ONE
YEAR.
  S 3. Section 502 of the vehicle and traffic law is amended by adding a
new subdivision 8 to read as follows:
  8.  EXCEPTIONS.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION,
THE COMMISSIONER SHALL NOT  ISSUE  A  DRIVER'S  LICENSE  TO  ANY  PERSON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09201-01-9
              

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