senate Bill S473

2011-2012 Legislative Session

Relates to cemetery desecration 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 05, 2011 referred to codes

Co-Sponsors

S473 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง145.23, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2686

S473 - Bill Texts

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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.

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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.

LEGISLATIVE HISTORY:
S.8731 of 2007/2008
S.2686 of 2009/2010

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
________________________________________________________________________

                                   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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