|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Jan 05, 2011||referred to codes|
senate Bill S473
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S473 - Details
- Current Committee:
- Law Section:
- Penal Law
- Laws Affected:
- Amd §145.23, Pen L
- Versions Introduced in 2009-2010 Legislative Session:
S473 - Summary
Removes the $250 amount of damage from cemetery desecration in the first degree; makes cemetery desecration in the first degree a Class E felony to apply to any damage or theft regardless of value.
S473 - Sponsor Memo
BILL NUMBER:S473 TITLE OF BILL: An act to amend the penal law, in relation to cemetery desecration in the first degree PURPOSE: This legislation would include all property, regardless of value, under the crime of cemetery desecration. SUMMARY OF PROVISIONS: Section one amends section 145.23 of the Penal Law to include all property, regardless of value, located at a cemetery plot, grave, burial place or other place of interment of human remains in the crime of cemetery desecration. This section also makes technical changes. Section two establishes an effective date. JUSTIFICATION: Cemetery desecration is a continuing problem in New York State and recently has resulted in the theft of numerous veterans markers. NYS Law must address all cemetery desecration, regardless of the value of theft or damage to deal with this extremely disrespectful problem.
S473 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 473 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. NOZZOLIO -- 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 cemetery desecration in the first degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 145.23 of the penal law, as amended by chapter 353 of the laws of 2007, is amended to read as follows: S 145.23 Cemetery desecration in the first degree. A person is guilty of cemetery desecration in the first degree when 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: (a) damages any real or personal property maintained as a cemetery plot, grave, burial place or other place of interment of human remains [in an amount exceeding two hundred fifty dollars]; or (b) with intent to steal personal property, he OR SHE steals personal property[, the value of which exceeds two hundred fifty dollars,] which is located at a cemetery plot, grave, burial place or other place of interment of human remains 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; or (c) commits the crime of cemetery desecration in the second degree as defined in section 145.22 of this article and has been previously convicted of the crime of cemetery desecration in the second degree within the preceding five years. Cemetery desecration in the first degree is a class E felony. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00335-01-1
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