Assembly Bill A9398

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

                                  9398

                          I N  A S S E M B L Y

                            February 24, 2012
                               ___________

Introduced  by  M. of A. ZEBROWSKI, ABBATE, HEVESI, SCHIMMINGER, GABRYS-
  ZAK, LUPARDO, GALEF, ROSENTHAL, TITONE,  GUNTHER,  SCHIMEL  --  Multi-
  Sponsored  by  --  M.  of A. BRENNAN, HOOPER, MAISEL, McENENY, REILLY,
  SCARBOROUGH, WEISENBERG -- read once and referred to the Committee  on
  Codes

AN ACT to amend the penal law, in relation to providing certain criminal
  penalties for damage to military monuments

  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 145.24  to
read as follows:
S 145.24 DESECRATION OF A MILITARY MONUMENT.
  A  PERSON  IS  GUILTY  OF DESECRATION OF A MILITARY MONUMENT WHEN WITH
INTENT TO DAMAGE PROPERTY, AND HAVING NO RIGHT TO DO SO NOR ANY  REASON-
ABLE  GROUND TO BELIEVE THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE DAMAGES
ANY REAL OR PERSONAL PROPERTY  MAINTAINED  AS  A  MILITARY  MONUMENT.  A
"MILITARY  MONUMENT",  FOR THE PURPOSES OF THIS SECTION, IS ANY MONUMENT
THAT WAS ERECTED WITH THE INTENT TO HONOR A CURRENT OR FORMER MEMBER  OR
MEMBERS  OF  THE  ARMED FORCES OR TO MARK OR COMMEMORATE A PAST MILITARY
ACTION OR BATTLE.
  DESECRATION OF A MILITARY MONUMENT IS A CLASS A MISDEMEANOR.
  S 2. Section 60.29 of the penal law, as added by chapter  165  of  the
laws of 1997, is amended to read as follows:
S  60.29  Authorized  disposition;  cemetery  OR MILITARY MONUMENT dese-
          cration.
  When a person is convicted of an offense  defined  in  section  145.22
[or],  145.23  OR 145.24 of this chapter or of an attempt to commit such
an offense, and the sentence imposed by the court  for  such  conviction
includes a sentence of probation or conditional discharge, such sentence
shall,  where appropriate, be in accordance with paragraph (h) of subdi-
vision two of section 65.10 of this  [article]  TITLE  as  such  section
relates to cemetery OR MILITARY MONUMENT crime.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14783-01-2

              

A. 9398                             2

  S 3. Paragraph (h) of subdivision 2 of section 65.10 of the penal law,
as  amended  by  chapter  508 of the laws of 2001, is amended to read as
follows:
  (h) Perform services for a public or not-for-profit corporation, asso-
ciation,  institution  or  agency, including but not limited to services
for the division of substance abuse services, services in an appropriate
community program for removal of graffiti from public or private proper-
ty, including  any  property  damaged  in  the  underlying  offense,  or
services  for  the  maintenance  and repair of real or personal property
maintained as a cemetery plot, grave, burial place  or  other  place  of
interment  of  human  remains OR A MILITARY MONUMENT.  Provided however,
that the performance of any  such  services  shall  not  result  in  the
displacement  of  employed  workers  or  in  the  impairment of existing
contracts for services, nor shall the performance of any  such  services
be  required  or  permitted  in  any establishment involved in any labor
strike or lockout.  The court may establish  provisions  for  the  early
termination of a sentence of probation or conditional discharge pursuant
to the provisions of subdivision three of section 410.90 of the criminal
procedure law after such services have been completed. Such sentence may
only  be imposed upon conviction of a misdemeanor, violation, or class D
or class E felony, or a youthful offender  finding  replacing  any  such
conviction,  where  the defendant has consented to the amount and condi-
tions of such service;
  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.