S T A T E O F N E W Y O R K
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3740
2013-2014 Regular Sessions
I N A S S E M B L Y
January 29, 2013
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Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Consumer Affairs and Protection
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06601-01-3
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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;
S 3. Section 65.10 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
6. GRAFFITI REMOVAL. WHEN IMPOSING A SENTENCE OF PROBATION OR OF
CONDITIONAL DISCHARGE IN CONNECTION WITH A VIOLATION OF SECTION 145.60,
145.62 OR 145.65 OF THIS CHAPTER, 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 4. Section 145.60 of the penal law, as added by chapter 458 of the
laws of 1992, is amended to read as follows:
S 145.60 Making graffiti IN THE SECOND DEGREE.
1. For purposes of this section AND SECTION 145.62 OF THIS ARTICLE,
the term "graffiti" shall mean the etching, painting, covering, drawing
upon or otherwise placing of a mark upon public or private property with
intent to damage such property.
2. [No person shall make] A PERSON IS GUILTY OF MAKING GRAFFITI IN THE
SECOND DEGREE WHEN HE OR SHE MAKES graffiti of any type on any building,
public or private, or any other property real or personal owned by any
person, firm or corporation or any public agency or instrumentality,
without the express permission of the owner or operator of said proper-
ty.
Making graffiti IN THE SECOND DEGREE is a class A misdemeanor.
S 5. The penal law is amended by adding a new section 145.62 to read
as follows:
S 145.62 MAKING GRAFFITI IN THE FIRST DEGREE.
A PERSON IS GUILTY OF MAKING GRAFFITI IN THE FIRST DEGREE WHEN SUCH
PERSON DAMAGES THE PROPERTY OF ANOTHER PERSON IN THE MANNER DESCRIBED IN
SECTION 145.60 OF THIS ARTICLE, BY MEANS OF MAKING GRAFFITI OF ANY TYPE:
1. IN A MANNER TO PROMOTE OR ENCOURAGE GANG RELATED ACTIVITIES; OR
2. HAVING KNOWLEDGE THAT SUCH PROPERTY IS USED AS A PLACE OF RELIGIOUS
WORSHIP, HE OR SHE DAMAGES A BUILDING, STRUCTURE OR THE CURTILAGE OF
SUCH BUILDING OR STRUCTURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A
RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS CORPORATIONS
LAW; OR
3. HAVING KNOWLEDGE THAT SUCH PROPERTY COMPRISES A DISPLAY OF RELI-
GIOUS SYMBOLS WHICH ARE FOR A REPRESENTATIVE EXPRESSION OF FAITH, HE OR
SHE DAMAGES A SCROLL, RELIGIOUS VESTMENT, VESSEL, ITEM COMPRISING A
DISPLAY OF RELIGIOUS SYMBOLS WHICH ARE A REPRESENTATIVE EXPRESSION OF
FAITH OR A MISCELLANEOUS ITEM OF PROPERTY KEPT OR USED IN OR UPON A
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BUILDING, STRUCTURE OR CURTILAGE THEREOF DESCRIBED IN SUBDIVISION TWO OF
THIS SECTION.
MAKING GRAFFITI IN THE FIRST DEGREE IS A CLASS E FELONY.
S 6. Section 240.31 of the penal law is amended by adding a new subdi-
vision 1-a to read as follows:
1-A. ETCHES, PAINTS, COVERS, DRAWS UPON OR OTHERWISE PLACES A MARK
UPON ANY BUILDING OR ANY OTHER REAL PROPERTY, PUBLIC OR PRIVATE, WITHOUT
THE EXPRESS PERMISSION OF THE OWNER OR OPERATOR OF SUCH BUILDING OR REAL
PROPERTY; OR
S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.