senate Bill S532A

2011-2012 Legislative Session

Increases the penalties for bias related and gang related graffiti, and graffiti upon religious property

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2012 referred to consumer affairs and protection
delivered to assembly
passed senate
ordered to third reading cal.1165
committee discharged and committed to rules
May 21, 2012 reported and committed to codes
Apr 25, 2012 print number 532b
amend (t) and recommit to consumer protection
Jan 04, 2012 referred to consumer protection
Jun 13, 2011 print number 532a
amend (t) and recommit to consumer protection
Jan 05, 2011 referred to consumer protection

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S532 - Details

See Assembly Version of this Bill:
A6648A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§60.31 & 145.62, amd §§65.10, 145.60 & 240.31, Pen L; amd §720.35, CP L; add §399-j, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S1856

S532 - Summary

Increases the penalties for bias related and gang related graffiti, and graffiti upon religious property.

S532 - Sponsor Memo

S532 - Bill Text download pdf

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

                                   532

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation  to  the  sale  of
  aerosol spray paint to persons under the age of eighteen

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

  Section 1. The general business law is amended by adding a new section
399-j to read as follows:
  S 399-J. SALE OF AEROSOL SPRAY PAINT TO PERSONS UNDER THE AGE OF EIGH-
TEEN. 1. NO AEROSOL SPRAY PAINT CAN CONTAINING A FLUID THAT IS NOT WATER
SOLUBLE SHALL BE SOLD AT RETAIL WITHIN THE STATE TO  PERSONS  UNDER  THE
AGE OF EIGHTEEN.
  2.  A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY
NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04419-01-1

Co-Sponsors

S532A - Details

See Assembly Version of this Bill:
A6648A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§60.31 & 145.62, amd §§65.10, 145.60 & 240.31, Pen L; amd §720.35, CP L; add §399-j, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S1856

S532A - Summary

Increases the penalties for bias related and gang related graffiti, and graffiti upon religious property.

S532A - Sponsor Memo

S532A - Bill Text download pdf

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

                                 532--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, AVELLA -- read twice and ordered printed, and
  when  printed  to be committed to the Committee on Consumer Protection
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN ACT to amend the penal law, in relation to bias-related graffiti, the
  disposition  of graffiti offenses, graffiti for the purpose of promot-
  ing gang related activities and graffiti upon religious  property;  to
  amend  the  criminal  procedure  law,  in relation to the unsealing of
  youthful offender records relating to the commission of making graffi-
  ti in the first degree and aggravated harassment in the first  degree;
  and  to  amend  the  general  business  law,  in relation to requiring
  persons engaged in the retail sale of  aerosol  spray  paint  to  post
  notice  of  provisions  of  and  penalties  for commission of graffiti
  offenses

  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 60.31 to
read as follows:
S 60.31 AUTHORIZED  DISPOSITION;  AGGRAVATED  HARASSMENT  IN  THE  FIRST
            DEGREE.
  WHEN  A  PERSON  IS  CONVICTED  OF  AGGRAVATED HARASSMENT IN THE FIRST
DEGREE AS DEFINED IN 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  THE  COURT MAY ORDER SUCH PERSON TO PARTICIPATE IN, AT HIS OR
HER OWN EXPENSE, A DIVERSITY TRAINING PROGRAM THAT IS DESIGNED TO  OVER-
COME DISCRIMINATION, PREJUDICE AND INTOLERANCE, AND THAT PROMOTES COMMU-
NICATION,  UNDERSTANDING AND RESPECT AMONG DIVERSE RACIAL, RELIGIOUS AND
ETHNIC GROUPS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04419-02-1

Co-Sponsors

S532B (ACTIVE) - Details

See Assembly Version of this Bill:
A6648A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§60.31 & 145.62, amd §§65.10, 145.60 & 240.31, Pen L; amd §720.35, CP L; add §399-j, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S1856

S532B (ACTIVE) - Summary

Increases the penalties for bias related and gang related graffiti, and graffiti upon religious property.

S532B (ACTIVE) - Sponsor Memo

S532B (ACTIVE) - Bill Text download pdf

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

                                 532--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, AVELLA -- read twice and ordered printed, and
  when  printed  to be committed to the Committee on Consumer Protection
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to said committee -- recommitted to the Committee on
  Consumer Protection in accordance  with  Senate  Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the penal law, in relation to bias-related graffiti, the
  disposition of graffiti offenses, graffiti for the purpose of  promot-
  ing gang related activities and graffiti upon religious property

  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 60.31  to
read as follows:
S 60.31 AUTHORIZED  DISPOSITION;  AGGRAVATED  HARASSMENT  IN  THE  FIRST
          DEGREE.
  WHEN A PERSON IS CONVICTED  OF  AGGRAVATED  HARASSMENT  IN  THE  FIRST
DEGREE AS DEFINED IN 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 THE COURT MAY ORDER SUCH PERSON TO PARTICIPATE IN, AT  HIS  OR
HER  OWN EXPENSE, A DIVERSITY TRAINING PROGRAM THAT IS DESIGNED TO OVER-
COME DISCRIMINATION, PREJUDICE AND INTOLERANCE, AND THAT PROMOTES COMMU-
NICATION, UNDERSTANDING AND RESPECT AMONG DIVERSE RACIAL, RELIGIOUS  AND
ETHNIC GROUPS.
  S 2. 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

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

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