senate Bill S585

2011-2012 Legislative Session

Requires any community service sentence imposed for an offense involving graffiti to include graffiti removal as a portion of required service

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 30, 2012 referred to codes
delivered to assembly
passed senate
Jan 23, 2012 advanced to third reading
Jan 19, 2012 2nd report cal.
Jan 18, 2012 1st report cal.55
Jan 04, 2012 referred to codes
returned to senate
died in assembly
May 25, 2011 referred to codes
delivered to assembly
passed senate
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.426
Jan 05, 2011 referred to codes

Votes

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Jan 18, 2012 - Codes committee Vote

S585
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

May 3, 2011 - Codes committee Vote

S585
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

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S585 - Bill Details

See Assembly Version of this Bill:
A6725
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง65.10, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1880A, A8532A

S585 - Bill Texts

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Requires any community service sentence imposed for an offense involving graffiti to include graffiti removal as a portion of required service; including but not limited to, the removal of graffiti from any property damaged in the underlying offense.

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BILL NUMBER:S585

TITLE OF BILL:

An act
to amend the penal law, in relation to conditions of probation and of
conditional discharge

PURPOSE OR GENERAL IDEA OF BILL:

Requires any community service sentence imposed for an offense
involving graffiti to include graffiti removal as a portion of the
required service, except in limited circumstances.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph (h) of subdivision 2 of section 65.10 of
the penal law to replace the "Division of Substance Abuse Services"
with the "Office of Alcoholism and Substance Abuse Services."

Section 2 amends section 65.10 of the penal law by adding a new
subdivision 6 which provides that, when a sentence of probation or
conditional discharge is imposed in connection with a violation of
section 145.60 or 145.65 of the penal law, the court shall, as a
condition of the sentence, require that the defendant perform
services in an appropriate community program for the removal of
graffiti from public or private property, including any property
damaged in the underlying offense. The requirement does not apply if
the court determines that an appropriate program to supervise
graffiti removal is not available, that graffiti removal would be
unreasonably dangerous, or if a private property owner refuses to
provide his or her consent.

Section 3 specifies the effective date.

JUSTIFICATION:

This legislation will directly address the problem of graffiti
vandalism by requiring convicted graffiti vandals to repair the
damage they and other offenders have caused in their communities.
Involving offenders in the clean-up and repair of graffiti targets
will help teach them the social consequences of their conduct, as
well as the labor required to to counteract their vandalism.
Hopefully, it will also instill a sense of pride in the repair work,
which will serve to prevent these offenders from committing acts of
vandalism in the future.

The bill carves out an exception to requiring removal of graffiti in
cases where there is no appropriate program to supervise the removal
or the removal would be unreasonably dangerous. Also, on private
property, the owner must consent.

PRIOR LEGISLATIVE HISTORY:


2006 - S.7605 - Referred to Codes
2008 - S.2291 - Referred to Codes
2010 - S.1880 - Passed Senate

FISCAL IMPLICATIONS:

No cost to the state.

EFFECTIVE DATE:

First of November following enactment.

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

                                   585

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, ADAMS, ADDABBO, DIAZ, HASSELL-THOMPSON, PARK-
  ER, SAMPSON, SAVINO -- read twice and ordered printed, and when print-
  ed to be committed to the Committee on Codes

AN  ACT  to  amend the penal law, in relation to conditions of probation
  and of conditional discharge

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

  Section  1.  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] OFFICE of ALCOHOLISM AND  substance  abuse  services,
[services  in  an  appropriate community program for removal of graffiti
from public or private property, 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. 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 proce-
dure 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04440-01-1

S. 585                              2

  S  2. Section 65.10 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
  6.  WHEN  IMPOSING A SENTENCE OF PROBATION OR OF CONDITIONAL DISCHARGE
IN CONNECTION WITH A VIOLATION OF SECTION 145.60 OR 145.65 OF THIS CHAP-
TER, THE COURT SHALL AS A CONDITION OF THE SENTENCE,  REQUIRE  THAT  THE
DEFENDANT REMOVE GRAFFITI FROM PUBLIC OR PRIVATE PROPERTY, INCLUDING ANY
PROPERTY  DAMAGED  IN  THE  UNDERLYING  OFFENSE,  UNLESS THE COURT SHALL
DETERMINE THAT AN APPROPRIATE PROGRAM TO SUPERVISE SUCH REMOVAL  IS  NOT
AVAILABLE OR THAT SUCH GRAFFITI REMOVAL WOULD BE UNREASONABLY DANGEROUS;
PROVIDED,  HOWEVER, THAT GRAFFITI REMOVAL FROM PRIVATE PROPERTY PURSUANT
TO THIS SUBDIVISION SHALL BE SUBJECT TO CONSENT OF  THE  OWNER  OF  SUCH
PROPERTY.
  S 3. 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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