senate Bill S1842

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 13, 2011 referred to codes

Co-Sponsors

S1842 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §240.31, add §60.31, Pen L; amd §§502 & 510, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S3304

S1842 - Bill Texts

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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.

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BILL NUMBER:S1842

TITLE OF BILL:

An act
to amend the penal law and the vehicle and traffic law, in relation to
bias-related graffiti

SUMMARY OF PROVISIONS:

Section 1 of this bill amends Section 240.31 of the Penal Law by
adding a new subdivision 1-a.
This subdivision adds the language "etches, paints, covers, draws upon
or otherwise places a mark upon public or private property" to the
crime of aggravated harassment in the first degree.

Section 2 amends the Penal Law by adding a new section 60.31, which
allows the court to order the person convicted of the offense defined
in Section 1 to participate in a diversity training program, at
his/her expense.

Section 3 amends Section 502 of the Vehicle and Traffic Law by adding
a new subdivision 8, which requires that the Commissioner of the
Department of Motor Vehicles not issue a driver's license to any
person convicted of the offense defined in Section 1 until such time
as imposed by the sentencing court has elapsed.

Section 4 amends subdivision 3 of Section 510 of the Vehicle and
Traffic Law by adding a new paragraph j-1, which allows the court to
suspend for up to one year, the driver's license of any person
convicted of the offense defined in Section 1.

JUSTIFICATION:

This bill proposes enhanced penalties for bias-related graffiti in
recognition of the particularly sensitive nature of such graffiti.
Graffiti that is based upon hate should receive a tighter penalty.
Enhancing the penalty will serve to reinforce the seriousness of this
crime and prove to offenders that New York State does not tolerate
bias in any form.

Currently, graffiti is treated as a Class A misdemeanor in Section
145.60 of the Penal Law. This legislation would include bias-related
graffiti under the section of law that currently covers desecration
of religious property. Under this bill, bias-related graffiti would
be considered a Class E felony. This would increase the allowable
penalty for bias-related graffiti from up to one year in jail under a
Class A misdemeanor to a range of 1 1/3 to 4 years for a Class E
felony at the discretion of the judge.

Recent incidents of bias-related graffiti in Westchester County
exemplify the need to give prosecutors greater leverage in
prosecuting such offenders.

LEGISLATIVE HISTORY:


03/16/09 REFERRED TO CODES
01/06/10 REFERRED TO CODES

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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

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

                                  1842

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sens. OPPENHEIMER, DIAZ, PARKER, SAMPSON -- 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06223-01-1

S. 1842                             2

  8.  EXCEPTIONS.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION,
THE COMMISSIONER SHALL NOT  ISSUE  A  DRIVER'S  LICENSE  TO  ANY  PERSON
CONVICTED  OF  AN OFFENSE DEFINED IN SUBDIVISION ONE-A OF SECTION 240.31
OF THE PENAL LAW, OR OF AN ATTEMPT TO COMMIT SUCH AN OFFENSE,  OR  OF  A
LESSER  INCLUDED  OFFENSE,  UNTIL SUCH TIME AS IMPOSED BY THE SENTENCING
COURT HAS LAPSED.
  S 4. Subdivision 3 of section 510 of the vehicle and  traffic  law  is
amended by adding a new paragraph j-1 to read as follows:
  J-1.  FOR  A PERIOD UP TO ONE YEAR WHERE THE HOLDER HAS BEEN CONVICTED
OF AN OFFENSE DEFINED IN SUBDIVISION ONE-A  OF  SECTION  240.31  OF  THE
PENAL LAW;
  S 5. 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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