Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 30, 2010 |
referred to codes delivered to assembly passed senate |
Jun 29, 2010 |
ordered to third reading cal.1361 |
Jun 21, 2010 |
referred to rules |
Senate Bill S8289
2009-2010 Legislative Session
Sponsored By
(D) Senate District
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
Actions
Votes
co-Sponsors
(R, C) Senate District
2009-S8289 (ACTIVE) - Details
2009-S8289 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8289 TITLE OF BILL: An act to amend the penal law, in relation to cemetery desecration and cemetery desecration of a veteran PURPOSE: This bill creates the crimes of cemetery desecration of a veteran cemetery plot, grave or burial place and prohibits the unauthorized sale of veteran commemorative cemetery markers, flag holders, monuments, statues or other physical memorabilia that are over 75 years old by cemeteries if such property is currently placed or located within a cemetery. SUMMARY OF PROVISIONS: Sections 1 & 2: Makes technical changes to penal law sections 145.22 and 145.23 creating a new crime of desecration of a veteran cemetery plot, grave or burial place. Section 3: Adds a new penal law section 145.26 which defines the term "veteran" for the purposes of penal law section 145.27 and 145.28. It adds penal law section 145.27 which establishes the crime of cemetery desecration in the second degree and penal law section 145.28 to create the crime of cemetery desecration in the first degree. Sections 4: Amends penal law section 60.29 to include conforming
2009-S8289 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8289 I N S E N A T E June 21, 2010 ___________ Introduced by Sens. STACHOWSKI, LARKIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to cemetery desecration and cemetery desecration of a veteran THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 145.22 of the penal law, as amended by chapter 353 of the laws of 2007, is amended to read as follows: S 145.22 Cemetery desecration in the second degree. A person is guilty of cemetery desecration in the second degree when: (a) with intent to damage property of another person[,] and having no right to do so nor any reasonable ground to believe that he OR SHE has such right, he OR SHE damages any real or personal property USED OR maintained as a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, NICHE, CRYPT, VAULT, or other place of interment OR TEMPO- RARY STORAGE of human remains OR CREMATED HUMAN REMAINS, OR ANY MONU- MENT, HEADSTONE, MARKER, MEMORIAL, PLAQUE, STATUE, VASE, URN, DECO- RATION, FLAG HOLDER, BADGE, SHIELD, ITEM OF MEMORABILIA, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCI- ATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, NICHE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPO- RARY STORAGE; or (b) with intent to steal personal property, he OR SHE steals personal property which is located at a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, NICHE, CRYPT, VAULT, or other place of inter- ment of human remains OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEAD- STONE, MARKER, MEMORIAL, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, BADGE, SHIELD, ITEM OF MEMORABILIA, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, NICHE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE and which property is owned by the person or organization which maintains or owns such place or the estate, next-of-kin or representatives of the deceased person interred there. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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