S T A T E O F N E W Y O R K
________________________________________________________________________
8960
I N A S S E M B L Y
March 4, 2014
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the vehicle and traffic law, in
relation to bias-related graffiti
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 240.31 of the penal law is amended by adding a new
subdivision 1-a to read as follows:
1-A. ETCHES, PAINTS, COVERS, DRAWS UPON OR OTHERWISE PLACES A MARK
UPON PUBLIC OR PRIVATE PROPERTY; OR
S 2. 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 AN OFFENSE DEFINED IN SUBDIVISION ONE-A
OF 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: (1) THE COURT MAY ORDER SUCH PERSON TO PARTICIPATE IN, AT HIS
OWN EXPENSE, A DIVERSITY TRAINING PROGRAM THAT IS DESIGNED TO OVERCOME
DISCRIMINATION, PREJUDICE AND INTOLERANCE, AND THAT PROMOTES COMMUNI-
CATION, UNDERSTANDING AND RESPECT AMONG DIVERSE RACIAL, RELIGIOUS AND
ETHNIC GROUPS AND/OR (2) MAY SUSPEND SUCH INDIVIDUAL'S DRIVER'S LICENSE
OR PRIVILEGE TO DRIVE IN THIS STATE FOR A PERIOD OF UP TO ONE YEAR, OR,
IN THE EVENT SUCH INDIVIDUAL DOES NOT HAVE A DRIVER'S LICENSE, THE COURT
MAY DELAY THE GRANTING OF A DRIVER'S LICENSE FOR A PERIOD OF UP TO ONE
YEAR.
S 3. Section 502 of the vehicle and traffic law is amended by adding a
new subdivision 8 to read as follows:
8. EXCEPTIONS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
THE COMMISSIONER SHALL NOT ISSUE A DRIVER'S LICENSE TO ANY PERSON
CONVICTED OF AN OFFENSE DEFINED IN SUBDIVISION ONE-A OF SECTION 240.31
OF THE PENAL LAW, OR OF AN ATTEMPT TO COMMIT SUCH AN OFFENSE, OR OF A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02858-01-3
A. 8960 2
LESSER INCLUDED OFFENSE, UNTIL SUCH TIME AS IMPOSED BY THE SENTENCING
COURT HAS LAPSED.
S 4. Subdivision 3 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph j-1 to read as follows:
J-1. FOR A PERIOD UP TO ONE YEAR WHERE THE HOLDER HAS BEEN CONVICTED
OF AN OFFENSE DEFINED IN SUBDIVISION ONE-A OF SECTION 240.31 OF THE
PENAL LAW;
S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.