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Senate Bill S972

2009-2010 Legislative Session

Creates the crime of bias related criminal mischief and denies youth offender status

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S972 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §145.11, Pen L; amd §720.10, CP L
Versions Introduced in 2011-2012 Legislative Session:
S2049

2009-S972 (ACTIVE) - Summary

Creates the crime of bias related criminal mischief where property is defaced with derogatory references to race, creed, religion, color, sexual orientation or national origin, and denies youthful offender status for such crime; makes such crime a class C felony.

2009-S972 (ACTIVE) - Sponsor Memo

2009-S972 (ACTIVE) - Bill Text download pdf 

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

                                   972

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 creating the crime of bias
  related criminal mischief; and to amend the criminal procedure law, in
  relation to denying youthful offender status to such crime

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

  Section  1. The penal law is amended by adding a new section 145.11 to
read as follows:
S 145.11 BIAS RELATED CRIMINAL MISCHIEF.
  A PERSON IS GUILTY OF BIAS RELATED CRIMINAL MISCHIEF WHEN:
  1. HE OR SHE COMMITS THE CRIME OF CRIMINAL  MISCHIEF  IN  THE  SECOND,
THIRD OR FOURTH DEGREE; AND
  2. THE PROPERTY WAS DAMAGED BY MARKING WITH WORDS, LETTERS, NUMBERS OR
SYMBOLS WHICH MAKE DEROGATORY REFERENCE TO RACE, CREED, RELIGION, COLOR,
SEXUAL ORIENTATION OR NATIONAL ORIGIN.
  BIAS RELATED CRIMINAL MISCHIEF IS A CLASS C FELONY.
  S 2. Subdivision 2 of section 720.10 of the criminal procedure law, as
amended  by chapter 416 of the laws of 1986, paragraph (a) as amended by
chapter 316 of the laws of 2006, is amended to read as follows:
  2. "Eligible youth" means a youth who is eligible to be found a youth-
ful offender.  Every youth is so eligible unless:
  (a) the conviction to be replaced by a youthful  offender  finding  is
for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
defined in subdivision forty-one of section 1.20, except as provided  in
subdivision  three,  or  (iii) rape in the first degree, criminal sexual
act in the first degree, or aggravated sexual abuse, except as  provided
in  subdivision three, or (IV) BIAS RELATED CRIMINAL MISCHIEF AS DEFINED
IN SECTION 145.11 OF THE PENAL LAW, OR
  (b) such youth has previously been convicted and sentenced for a felo-
ny, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06656-01-9

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