NY State Senate Bill 2009-S4227

Senate Bill S4227

2009-2010 Legislative Session

Additionally penalizes persons guilty of misdemeanors related to graffiti by revocation, suspension or ineligibility for a driver's license until age 21

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Apr 17, 2009	referred to codes

2009-S4227 (ACTIVE) - Details

See Assembly Version of this Bill:: A4339
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§145.25, 145.60 & 145.65, Pen L

2009-S4227 (ACTIVE) - Summary

Additionally penalizes persons guilty of misdemeanors related to graffiti by revocation, suspension or ineligibility for a driver's license until age 21.

2009-S4227 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4227

 TITLE OF BILL :
An act to amend the penal law, in relation to penalties for graffiti
and related misdemeanors


 PURPOSE :
To additionally penalize persons guilty of misdemeanors related to
reckless endangerment of property (Vandalism), making graffiti and
possession of graffiti instruments by revocation, or ineligibility to
obtain a driver's license until age 21.

 SUMMARY OF PROVISIONS :
Section 1. Reckless endangerment of property by a person

A) 15 years and younger is a class b misdemeanor additionally
punishable by ineligibility to obtain a driver's license until the age
of 21.

B) Between the ages of 16 and 21 is a class b misdemeanor additionally
punishable by suspension of his or her driver's license until age 21
or ineligibility to obtain a driver's license until the age of 21.

C) By a person age 21 and over remains a class b misdemeanor.

Section 2. Making graffiti.

A) 15 years and younger is a class a misdemeanor additionally
punishable by ineligibility to obtain a driver's license until the age
of 21.

B) Between the ages of 16 and 21 is a class a misdemeanor additionally
punishable by suspension of his or her driver's license until age 21
or ineligibility to obtain a driver's license until the age of 21.

C) By a person age 21 and over remains a class a misdemeanor.

Section 3. Possession of graffiti instruments.

A) 15 years and younger is a class b misdemeanor additionally
punishable by ineligibility to obtain a driver's license until the age
of 21.

B) Between the ages of 16 and 21 is a class b misdemeanor additionally
punishable by suspension of his or her driver's license until age 21
or ineligibility to obtain a driver's license until the age of 21.

C) By a person age 21 and over remains a class b misdemeanor.

 JUSTIFICATION :
Reckless Endangerment of Property (Vandalism) and Graffiti continues
to be a problem in New York State and is increasing at a significant
rate in certain cities. It is unsightly, deteriorating, and creates
apathy with regard to littering, beautifying, and cleaning up the
community.  Money for clean up would be better spent elsewhere.

This bill would act as a deterrent to the crimes of reckless
endangerment of property, making graffiti, and possession of graffiti
instruments by penalizing all persons under the age of 21 by either
suspension or ineligibility to obtain a driver license until the age
of 21. A driver's license is the key to a teenager's freedom. If
enacted into law, youths would pay the ultimate price for committing a
crime, the loss of freedom.

 LEGISLATIVE HISTORY :
2007-08: S.4180 Referred to the Committee on Codes

 FISCAL IMPLICATIONS :
None to New York State.

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

2009-S4227 (ACTIVE) - Bill Text download pdf

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

                                  4227

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 17, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed 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.
  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:

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

S. 4227                             2

  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.

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