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Senate Bill S1934

2011-2012 Legislative Session

Relates to multiple bias-related offenses committed as part of a common plan or scheme

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2011-S1934 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง485.15, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S881

2011-S1934 (ACTIVE) - Summary

Provides that multiple criminal mischief offenses committed as part of a common plan or scheme where there is a hate crime element present in such offenses shall be punishable according to the cumulative damage caused by the commission of such multiple offenses.

2011-S1934 (ACTIVE) - Sponsor Memo

2011-S1934 (ACTIVE) - Bill Text download pdf 

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

                                  1934

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- 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  multiple  bias-related
  offenses committed as part of a common plan or scheme

  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 485.15  to
read as follows:
S 485.15 MULTIPLE OFFENSES OF CRIMINAL MISCHIEF AS PART OF A COMMON PLAN
           OR SCHEME.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSION OF MULTIPLE
OFFENSES,  AS  PART  OF A COMMON PLAN OR SCHEME, OF CRIMINAL MISCHIEF IN
THE THIRD DEGREE AS DEFINED IN SECTION 145.05 OF THIS CHAPTER,  CRIMINAL
MISCHIEF IN THE SECOND DEGREE AS DEFINED IN SECTION 145.10 OF THIS CHAP-
TER,  OR  CRIMINAL  MISCHIEF  IN  THE FIRST DEGREE AS DEFINED IN SECTION
145.12 OF THIS CHAPTER, WHERE  SUCH  OFFENSES  ARE  CLASSIFIED  AS  HATE
CRIMES  PURSUANT  TO  THE  PROVISIONS OF SECTION 485.05 OF THIS ARTICLE,
SHALL BE CONSIDERED CUMULATIVELY IN DETERMINING  THE  ENTIRE  AMOUNT  OF
DAMAGE  TO  PROPERTY CAUSED BY THE COMMISSION OF SUCH OFFENSES AND SHALL
BE PUNISHABLE ACCORDING TO THE CUMULATIVE AMOUNT OF DAMAGE CAUSED BY THE
COMMISSION OF SUCH MULTIPLE OFFENSES.
  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.
                                                           LBD07149-01-1

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