senate Bill S2368B

2013-2014 Legislative Session

Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship

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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
Apr 28, 2014 referred to codes
delivered to assembly
passed senate
Mar 27, 2014 advanced to third reading
Mar 26, 2014 2nd report cal.
Mar 25, 2014 1st report cal.357
Jan 08, 2014 referred to codes
returned to senate
died in assembly
May 22, 2013 referred to codes
delivered to assembly
passed senate
May 21, 2013 advanced to third reading
May 20, 2013 2nd report cal.
May 08, 2013 1st report cal.604
Apr 05, 2013 print number 2368b
amend and recommit to codes
Feb 25, 2013 print number 2368a
amend (t) and recommit to codes
Jan 16, 2013 referred to codes

Votes

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Mar 25, 2014 - Codes committee Vote

S2368B
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

May 8, 2013 - Codes committee Vote

S2368B
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Bill Amendments

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

Co-Sponsors

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S2368 - Bill Details

See Assembly Version of this Bill:
A3514A
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally
Versions Introduced in 2011-2012 Legislative Session:
S6338, A9288

S2368 - Bill Texts

view summary

Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship and for cemetery desecration.

view sponsor memo
BILL NUMBER:S2368

TITLE OF BILL: An act to amend the penal law, in relation to criminal
mischief and larceny offenses committed at a place of religious
worship

PURPOSE: The purpose of this bill is to enhance the criminal
penalties for damaging property in any house of worship and to
heighten the criminal penalties for stealing or damaging religious
objects from within a house of worship or its curtilage.

SUMMARY OF PROVISIONS:

Section 1: Adds a new Penal Law section 145.05(3) that relates to
criminal mischief in the 3rd Degree. This provision makes it the crime
of criminal mischief in the 3rd degree if anyone damages any property,
regardless of its nature or value, in any building, structure, or upon
the curtilage of such building that is used as a place of religious
worship. This type of criminal mischief is a class E felony. Under
current law, the property must have a value exceeding $250 or a
similar crime had been committed previously by the same person.

Section 2: Amends Penal Law section 145.10 that relates to criminal
mischief in the 2nd Degree. This provision makes it a crime of
criminal mischief in the 2nd Degree if any damage occurs specifically
to a scroll, religious vestment, vessel, an item comprising of a
display or a religious symbol, ox any other item kept or used in
connection with religious worship in any building, structure, or upon
the curtiage of such building that is used as a place of worship,
regardless of the value of such property. Under current law, such
property must have a value of $1,500 or more to be convicted of this
crime. While under this bill, any specifically articulated religious
items damages would trigger this crime. This type of crime is a class
D Felony.

Section 3: Amends Penal Law section 155.30(9)that relates to grand
larceny in the fourth degree. Violation of this section of the Penal
Law is a class E Felony. Under current law, this section is violated
if specific religious property such as a scroll, religious vestment,
vessel or other item is stolen and such item has a value of $100 or
more and it is used in connection with religious worship. Under the
provisions of this bill, any property taken from structure or building
used for religious worship, regardless of the property's value or what
the property is, is considered to be a violation of Penal Law section
155.30.

Section 4: Amends Penal Law section 155.35 that relates to grand
larceny in the 3rd Degree. Under this bill, certain specified
religious property such as a scroll, religious vestment, vessel or
other religious items that is stolen from a house of worship,
regardless of its value, shall be a class D felony.

Currently, under this section of law, the property must have a value
in excess of $3,000.


Section 5: Amends Penal Law section 155.40(2) that relates to grand
larceny in the 2nd degree. This provision heightens the penalty fox
the theft of specific religious items in a house of worship such as a
scroll, vestment, vessel and other items that represent a religious
faith and such items have a value of $250.00 and such items are used
in connection with religious worship in any house of worship.
Violation of this crime is a class C felony. Under current law, the
value of such property must be more than $50,000 or such property was
obtained my means such as extortion.

Section 6: Effective Date.

JUSTIFICATION: It is important for us, as a society, to impose the
appropriate criminal sanctions for those persons who willfully enter
into a house of worship to either destroy any property in such
building or structure that serves as a house of worship. Further, for
those that enter into a house of worship to steal any items,
especially religious items, the criminal penalties for such acts need
to be enhanced.

Many religious congregations wish to keep their houses of worship open
to the public for at least part of the week and for general
convenience so that members of their community or the public at large
may enter into a house of worship to reflect or to pray. with all of
our busy schedules, it is important that such houses of worship can
remain open at convenient times during the week so that we may all
have the ability to enter into such houses to reflect and to pray.

Recently, there has been a series of violations of houses of worship
in the Bronx and the theft of sacred religious property and other
types of damage to such houses of God. It is important for us, as a
society, to protect religious houses so that they may remain open for
all of us to use. Further, such places must be protected from acts of
violence, or the destruction of their property, especially sacred
religious property. Much of this property has not only religious
significance, which merits its enhanced protection, but historical and
cultural significance. Further, much of these religious items are
irreplaceable. These religious places of worship must be protected fox
the benefit of our communities and so that they may be used by future
generations.

LEGISLATIVE HISTORY: Same as S. 6338 of 2012, Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date upon which it shall have become law.

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

                                  2368

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens. KLEIN, ADDABBO, DIAZ, GOLDEN, MARCELLINO, MAZIARZ,
  RANZENHOFER, STAVISKY -- 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 criminal mischief and
  larceny offenses committed at a place of religious worship

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

  Section  1.  Subdivision  2  of  section  145.05  of the penal law, as
amended by chapter 276 of the laws of 2003, is amended and a new  subdi-
vision 3 is added to read as follows:
  2.  damages  property  of  another  person  in an amount exceeding two
hundred fifty dollars[.]; OR
  3. DAMAGES PROPERTY WHICH, REGARDLESS OF ITS NATURE OR  VALUE,  IS  IN
ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUC-
TURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS
INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW.
  S 2. Section 145.10 of the penal law, as amended by chapter 961 of the
laws of 1971, is amended to read as follows:
S 145.10 Criminal mischief in the second degree.
  A person is guilty of criminal mischief in the second degree when with
intent  to  damage property of another person, and having no right to do
so nor any reasonable ground to believe that he OR SHE has  such  right,
he OR SHE:
  1. damages property of another person in an amount exceeding one thou-
sand five hundred dollars[.]; OR
  2.  DAMAGES PROPERTY WHICH CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT,
A VESSEL, AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH  FORMS
A  REPRESENTATIVE  EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN
CONNECTION WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE
CURTILAGE OF SUCH BUILDING OR STRUCTURE USED AS  A  PLACE  OF  RELIGIOUS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05108-01-3

S. 2368                             2

WORSHIP  BY A RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS
CORPORATIONS LAW OR THE EDUCATION LAW.
  Criminal mischief in the second degree is a class D felony.
  S  3.  Subdivision 9 of section 155.30 of the penal law, as amended by
chapter 479 of the laws of 2010, is amended to read as follows:
  9. The property [consists of a scroll, religious vestment,  a  vessel,
an  item  comprising a display of religious symbols which forms a repre-
sentative expression of faith, or other miscellaneous item  of  property
which:
  (a) has a value of at least one hundred dollars; and
  (b)  is  kept  for  or  used in connection with religious worship in],
REGARDLESS OF ITS NATURE OR VALUE, IS TAKEN FROM any building, structure
or upon 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 the education law.
  S 4. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
S 155.35 Grand larceny in the third degree.
  A person is guilty of grand larceny in the third degree when he or she
steals property and:
  1. when the value of the property exceeds three  thousand  dollars[,];
or
  2.  the  property is an automated teller machine or the contents of an
automated teller machine[.]; OR
  3.  THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORM A REPRESEN-
TATIVE EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN  CONNECTION
WITH  RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON 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 THE EDUCATION LAW.
  Grand larceny in the third degree is a class D felony.
  S 5. Subdivision 2 of section 155.40 of the penal law, as  amended  by
chapter  515  of the laws of 1986, is amended and a new subdivision 3 is
added to read as follows:
  2. The property, regardless of its nature and value,  is  obtained  by
extortion committed by instilling in the victim a fear that the actor or
another  person  will  (a)  cause  physical injury to some person in the
future, or (b) cause damage to property, or (c) use or abuse  his  posi-
tion as a public servant by engaging in conduct within or related to his
official  duties, or by failing or refusing to perform an official duty,
in such manner as to affect some person adversely[.]; OR
  3. THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A  VESSEL,
AN  ITEM  COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS A REPRE-
SENTATIVE EXPRESSION OF FAITH, OR OTHER ITEM OF PROPERTY WHICH:
  (A) HAS A VALUE OF AT LEAST TWO HUNDRED FIFTY DOLLARS; AND
  (B) IS KEPT FOR OR USED IN CONNECTION WITH RELIGIOUS  WORSHIP  IN  ANY
BUILDING,  STRUCTURE OR UPON 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 THE EDUCATION LAW.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Co-Sponsors

view additional co-sponsors

S2368A - Bill Details

See Assembly Version of this Bill:
A3514A
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally
Versions Introduced in 2011-2012 Legislative Session:
S6338, A9288

S2368A - Bill Texts

view summary

Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship and for cemetery desecration.

view sponsor memo
BILL NUMBER:S2368A

TITLE OF BILL: An act to amend the penal law, in relation to criminal
mischief and larceny offenses committed at a place of religious
worship and to cemetery desecration

PURPOSE: The purpose of this bill is two-fold. First, to enhance the
criminal penalties for damaging property in any house of worship and
to heighten the criminal penalties for stealing or damaging religious
objects from within a house of worship or its curtilage. Second, to
add a heightened criminal penalty for desecrating a cemetery with the
intent to steal property within such cemetery or incur damage of
property that is valued over $2,000.

SUMMARY OF PROVISIONS:

Section 1: Adds a new Penal Law section 145.05(3) that relates to
criminal mischief in the 3rd Degree. This provision makes it the crime
of criminal mischief in the 3rd degree if anyone damages any property,
regardless of its nature or value, in any building, structure, or upon
the curtilage of such building that is used as a place of religious
worship. This type of criminal mischief is a class E felony. Under
current law, the property must have a value exceeding $250 or a
similar crime had been committed previously by the same person.

Section 2: Amends Penal Law section 145.10 that relates to criminal
mischief in the 2nd Degree. This provision makes it a crime of
criminal mischief in the 2nd Degree if any damage occurs specifically
to a scroll, religious vestment, vessel, an item comprising of a
display or a religious symbol, or any other item kept or used in
connection with religious worship in any building, structure, or upon
the curtiage of such building that is used as a place of worship,
regardless of the value of such property. Under current law, such
property must have a value of $1,500 or more to be convicted of this
crime. While under this bill, any specifically articulated religious
items damaged would trigger this crime. This type of crime is a class
D Felony.

Section 3: Amends Penal Law section 145.22 to redesignate the crime of
cemetery desecration in the second degree to become cemetery
desecration in the third degree. In addition, it makes this statute
more specific as to the kinds of property that is included within the
purview of this statute. Cemetery desecration in the third degree is a
class A misdemeanor.

Section 4: Amends Penal Law section 145.23 to redesignate the crime of
cemetery desecration in the first degree to become cemetery
desecration in the second degree.In addition, it makes this statute
more specific as to the kinds of property that is included within the
purview of this statute. under current law and this bill, this
provision relates to damaged or stolen property within a cemetery that
is valued at above $250. Cemetery desecration in the second degree is
a E Felony.

Section 5: Adds a new Penal Law section 145.24 entitled Cemetery
desecration in the first degree. Under this new crime, cemetery


property or property located within a cemetery valued at more than
$2,000 that is damaged or stolen by a perpetrator will be punishable
as a class D Felony.

Section 6: Amends Penal Law section 60.29 to include conforming
changes that make reference to the new crime categories created under
this bill

Section 7: Amends Penal Law section 65.10 to allow a court to impose
on those who violate Penal Law Article 145 a community service
requirement to be served at a desecrated cemetery to help compensate
for their property losses as a condition for probation or conditional
release.

Section 8: Amends Penal Law section 155.30(9)that relates to grand
larceny in the fourth degree. Violation of this section of the Penal
Law is a class E Felony. Under current law, this section is violated
if specific religious property such as a scroll, religious vestment,
vessel or other item is stolen and such item has a value of $100 or
more and it is used in connection with religious worship. Under the
provisions of this bill, any property taken from structure or building
used for religious worship, regardless of the property's value or what
the property is, is considered to be a violation of Penal Law section
155.30.

Section 9: Amends Penal Law section 155.35 that relates to grand
larceny in the 3rd Degree. Under this bill, certain specified
religious property such as a scroll, religious vestment, vessel or
other religious items that is stolen from a house of worship,
regardless of its value, shall be a class D felony.

Currently, under this section of law, the property must have a value
in excess of $3,000.

Section 10: Amends Penal Law section 155.40(2) that relates to grand
larceny in the 2nd degree. This provision heightens the penalty for
the theft of specific religious items in a house of worship such as a
scroll, vestment, vessel and other items that represent a religious
faith and such items have a value of $250.00 and such items are used
in connection with religious worship in any house of worship.
Violation of this crime is a class C felony. Under current law, the
value of such Property must be more than $50,000 or such property was
obtained my means such as extortion.

Section 11: Effective Date.

JUSTIFICATION: It is important for us, as a society, to impose the
appropriate criminal sanctions for those persons who: a) willfully
enter into a house of worship to either destroy any property in such
building or structure that serves as a house of worship or, b)to
desecrate a cemetery by either destroying property located within such
cemetery or stealing property for the perpetrator's own profit.
Further, for those that enter into a house of worship or a cemetery to
steal any items, especially religious items, the criminal penalties
for such acts need to be enhanced.


Many religious congregations wish to keep their houses of worship open
to the public for at least part of the week and for general
convenience so that members of their community or the public at large
may enter into a house of worship to reflect or to pray. With all of
our busy schedules, it is important that such houses of worship can
remain open at convenient times during the week so that we may all
have the ability to enter into such houses to reflect and to pray.

Recently, there has been a series of violations of houses of worship
in the Bronx and the theft of sacred religious property and other
types of damage to such houses of God. It is important for us, as a
society, to protect religious houses so that they may remain open for
all of us to use. Further, such places must be protected from acts of
violence, or the destruction of their property, especially sacred
religious property. Much of this property has not only religious
significance, which merits its enhanced protection, but historical and
cultural significance. Further, much of these religious items are
irreplaceable. These religious places of worship must be protected for
the benefit of our communities and so that they may be used by future
generations.

This bill also enhances the penalties for those who damage cemetery
property, steal such property for the perpetrator's own profit, or
have been convicted of repeated property crime offenses against
cemeteries. With the increasing value of scrap metals such as brass,
copper, bronze and iron, there has been an increasing number thefts of
valuable metals from such cemeteries. Items such as plaques, vases,
flag holders, badges, shields and other metal items within a cemetery
have been subject to a heightened number of thefts in recent years.

Under current law, the monetary threshold for the crimes of cemetery
desecration are relatively low since the general public views theft or
damage of property within such burial places as a more serious event.
However, for those who steal or illegally remove valuable metals and
other property from such cemeteries for profit, the penalty is the
same whether $250 of property has been stolen or $100,000 worth of
such memorials, metals, and other property. This bill heightens the
criminal sanctions for those who are entering into cemeteries to steal
valuable metals and other items for profit.

LEGISLATIVE HISTORY: Similar to S. 6338 of 2012, Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date upon which it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2368--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens. KLEIN, ADDABBO, DIAZ, GOLDEN, MARCELLINO, MAZIARZ,
  RANZENHOFER, STAVISKY -- read twice  and  ordered  printed,  and  when
  printed  to  be  committed  to  the  Committee  on  Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, in  relation  to  criminal  mischief  and
  larceny  offenses  committed  at  a  place of religious worship and to
  cemetery desecration

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

  Section  1.  Subdivision  2  of  section  145.05  of the penal law, as
amended by chapter 276 of the laws of 2003, is amended and a new  subdi-
vision 3 is added to read as follows:
  2.  damages  property  of  another  person  in an amount exceeding two
hundred fifty dollars[.]; OR
  3. DAMAGES PROPERTY WHICH, REGARDLESS OF ITS NATURE OR  VALUE,  IS  IN
ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUC-
TURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS
INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW.
  S 2. Section 145.10 of the penal law, as amended by chapter 961 of the
laws of 1971, is amended to read as follows:
S 145.10 Criminal mischief in the second degree.
  A person is guilty of criminal mischief in the second degree when with
intent  to  damage property of another person, and having no right to do
so nor any reasonable ground to believe that he OR SHE has  such  right,
he OR SHE:
  1. damages property of another person in an amount exceeding one thou-
sand five hundred dollars[.]; OR
  2.  DAMAGES PROPERTY WHICH CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT,
A VESSEL, AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH  FORMS
A  REPRESENTATIVE  EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05108-03-3

S. 2368--A                          2

CONNECTION WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON 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 THE EDUCATION LAW.
  Criminal mischief in the second degree is a class D felony.
  S 3. Section 145.22 of the penal law, as amended by chapter 353 of the
laws of 2007, is amended to read as follows:
S 145.22 Cemetery desecration in the [second] THIRD degree.
  A  person  is  guilty  of  cemetery  desecration in the [second] THIRD
degree when:  (a) with intent to damage property  of  another  person[,]
and  having  no right to do so nor any reasonable ground to believe that
he OR SHE has such right, he OR SHE damages any real or personal proper-
ty USED OR maintained as a cemetery, MAUSOLEUM, COLUMBARIUM, LOT,  plot,
grave,  burial place, CRYPT, VAULT or other place of interment OR TEMPO-
RARY STORAGE of human remains OR CREMATED HUMAN REMAINS,  OR  ANY  MONU-
MENT,  HEADSTONE,  MARKER,  PLAQUE,  STATUE, VASE, URN, DECORATION, FLAG
HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR  IS
OTHERWISE  ASSOCIATED  WITH,  ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM,
LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE  OF  INTER-
MENT OR TEMPORARY STORAGE; or
  (b)  with intent to steal personal property, he OR SHE steals personal
property which is located at a cemetery,  MAUSOLEUM,  COLUMBARIUM,  LOT,
plot,  grave,  burial place, CRYPT, VAULT or other place of interment OR
TEMPORARY STORAGE of human remains OR CREMATED  HUMAN  REMAINS,  OR  ANY
MONUMENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG
HOLDER,  OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS
OTHERWISE ASSOCIATED WITH, ANY SUCH  CEMETERY,  MAUSOLEUM,  COLUMBARIUM,
LOT,  PLOT,  GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTER-
MENT OR TEMPORARY STORAGE, and which property is owned by the person  or
organization  which maintains or owns such place or the estate, next-of-
kin or representatives of the deceased person interred OR STORED there.
  Cemetery desecration in the second degree is a class A misdemeanor.
  S 4. Section 145.23 of the penal law, as amended by chapter 353 of the
laws of 2007, is amended to read as follows:
S 145.23 Cemetery desecration in the [first] SECOND degree.
  A person is guilty of  cemetery  desecration  in  the  [first]  SECOND
degree  when,  with  intent  to damage property of another person[,] and
having no right to do so nor any reasonable ground to believe that he OR
SHE has such right, he OR SHE:
  (a) damages any real or personal property  USED  OR  maintained  as  a
cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, CRYPT,
VAULT  or other place of interment OR TEMPORARY STORAGE of human remains
OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE,  MARKER,  PLAQUE,
STATUE,  VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT THAT
IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY  SUCH
CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
VAULT,  OR  OTHER  PLACE OF INTERMENT OR TEMPORARY STORAGE, in an amount
exceeding two hundred fifty dollars; or
  (b) with intent to steal personal property, he OR SHE steals  personal
property, the value of which exceeds two hundred fifty dollars, which is
located  at a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial
place, CRYPT, VAULT or other place of interment OR TEMPORARY STORAGE  of
human  remains  OR  CREMATED  HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE,
MARKER, PLAQUE, STATUE, VASE, URN, DECORATION,  FLAG  HOLDER,  OR  OTHER
EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCI-
ATED  WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE,

S. 2368--A                          3

BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE  OF  INTERMENT  OR  TEMPORARY
STORAGE, and which property is owned by the person or organization which
maintains  or  owns  such  place or the estate, next-of-kin or represen-
tatives of the deceased person interred there; or
  (c)  commits  the  crime of cemetery desecration in the [second] THIRD
degree as defined in section 145.22 of this article and has been  previ-
ously  convicted  of  the  crime of cemetery desecration in the [second]
THIRD degree, CEMETERY DESECRATION  IN  THE  SECOND  DEGREE,  AGGRAVATED
CEMETERY  DESECRATION  IN THE SECOND DEGREE OR AGGRAVATED CEMETERY DESE-
CRATION IN THE FIRST DEGREE within the preceding five years.
  Cemetery desecration in the first degree is a class E felony.
  S 5. The penal law is amended by adding a new section 145.24  to  read
as follows:
S 145.24 CEMETERY DESECRATION IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF CEMETERY DESECRATION IN THE FIRST DEGREE WHEN,
WITH INTENT TO DAMAGE PROPERTY OF ANOTHER PERSON AND HAVING NO RIGHT  TO
DO  SO  NOR  ANY  REASONABLE  GROUND  TO BELIEVE THAT HE OR SHE HAS SUCH
RIGHT, HE OR SHE:
  (A) DAMAGES ANY REAL OR PERSONAL PROPERTY  USED  OR  MAINTAINED  AS  A
CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
VAULT  OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE OF HUMAN REMAINS
OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE,  MARKER,  PLAQUE,
STATUE,  VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT THAT
IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY  SUCH
CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
VAULT,  OR  OTHER  PLACE OF INTERMENT OR TEMPORARY STORAGE, IN AN AMOUNT
EXCEEDING TWO THOUSAND DOLLARS; OR
  (B) WITH INTENT TO STEAL PERSONAL PROPERTY, HE OR SHE STEALS  PERSONAL
PROPERTY,  THE  VALUE  OF  WHICH  EXCEEDS TWO THOUSAND DOLLARS, WHICH IS
LOCATED AT A CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE,  BURIAL
PLACE,  CRYPT, VAULT OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE OF
HUMAN REMAINS OR CREMATED HUMAN REMAINS,  OR  ANY  MONUMENT,  HEADSTONE,
MARKER, MEMORIAL, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR
OTHER  EMBELLISHMENT  THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE
ASSOCIATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM,  LOT,  PLOT,
GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPO-
RARY  STORAGE, AND WHICH PROPERTY IS OWNED BY THE PERSON OR ORGANIZATION
WHICH MAINTAINS OR OWNS SUCH PLACE OR THE ESTATE, NEXT-OF-KIN OR  REPRE-
SENTATIVES OF THE DECEASED PERSON INTERRED THERE; OR
  (C)  COMMITS THE CRIME OF CEMETERY DESECRATION IN THE SECOND DEGREE AS
DEFINED IN SECTION 145.23  OF  THIS  ARTICLE  AND  HAS  BEEN  PREVIOUSLY
CONVICTED  OF  THE  CRIME  OF  CEMETERY DESECRATION IN THE THIRD DEGREE,
CEMETERY DESECRATION IN THE SECOND DEGREE, CEMETERY DESECRATION  IN  THE
FIRST  DEGREE,  AGGRAVATED  CEMETERY DESECRATION IN THE SECOND DEGREE OR
AGGRAVATED CEMETERY DESECRATION IN THE FIRST DEGREE.
  CEMETERY DESECRATION IN THE FIRST DEGREE IS A CLASS D FELONY.
  S 6. Section 60.29 of the penal law, as added by chapter  165  of  the
laws of 1997, is amended to read as follows:
S 60.29 Authorized disposition; cemetery desecration.
  When  a  person  is  convicted of an offense defined in section 145.22
[or], 145.23, OR 145.24 of this chapter or of an attempt to commit  such
an  offense,  and  the sentence imposed by the court for such conviction
includes a sentence of probation or conditional discharge, such sentence
shall, where appropriate, be in accordance with paragraph (h) of  subdi-
vision  two  of  section  65.10  of this [article] TITLE as such section
relates to cemetery crime.

S. 2368--A                          4

  S 7. 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 of substance abuse services, services in an appropriate
community program for removal of graffiti from public or private proper-
ty, including  any  property  damaged  in  the  underlying  offense,  or
services  for  the  maintenance  and repair of real or personal property
USED OR maintained as a cemetery,  MAUSOLEUM,  COLUMBARIUM,  LOT,  plot,
grave, burial place, CRYPT, VAULT, or other place of interment OR TEMPO-
RARY  STORAGE  of  human remains OR CREMATED HUMAN REMAINS, OR ANY MONU-
MENT, HEADSTONE, MARKER, PLAQUE, STATUE,  VASE,  URN,  DECORATION,  FLAG
HOLDER,  OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS
OTHERWISE ASSOCIATED WITH, ANY SUCH  CEMETERY,  MAUSOLEUM,  COLUMBARIUM,
LOT,  PLOT,  GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTER-
MENT OR TEMPORARY STORAGE.  Provided, however, that the  performance  of
any such services shall not result in the displacement of employed work-
ers  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 subdi-
vision three of section 410.90 of the criminal procedure 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 conditions of such service;
  S  8.  Subdivision 9 of section 155.30 of the penal law, as amended by
chapter 479 of the laws of 2010, is amended to read as follows:
  9. The property [consists of a scroll, religious vestment,  a  vessel,
an  item  comprising a display of religious symbols which forms a repre-
sentative expression of faith, or other miscellaneous item  of  property
which:
  (a) has a value of at least one hundred dollars; and
  (b)  is  kept  for  or  used in connection with religious worship in],
REGARDLESS OF ITS NATURE OR VALUE, IS TAKEN FROM any building, structure
or upon 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 the education law.
  S 9. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
S 155.35 Grand larceny in the third degree.
  A person is guilty of grand larceny in the third degree when he or she
steals property and:
  1. when the value of the property exceeds three  thousand  dollars[,];
or
  2.  the  property is an automated teller machine or the contents of an
automated teller machine[.]; OR
  3.  THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORM A REPRESEN-
TATIVE EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN  CONNECTION
WITH  RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON 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 THE EDUCATION LAW.

S. 2368--A                          5

  Grand larceny in the third degree is a class D felony.
  S  10. Subdivision 2 of section 155.40 of the penal law, as amended by
chapter 515 of the laws of 1986, is amended and a new subdivision  3  is
added to read as follows:
  2.  The  property,  regardless of its nature and value, is obtained by
extortion committed by instilling in the victim a fear that the actor or
another person will (a) cause physical injury  to  some  person  in  the
future,  or  (b) cause damage to property, or (c) use or abuse his posi-
tion as a public servant by engaging in conduct within or related to his
official duties, or by failing or refusing to perform an official  duty,
in such manner as to affect some person adversely[.]; OR
  3.  THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS  A  REPRE-
SENTATIVE EXPRESSION OF FAITH, OR OTHER ITEM OF PROPERTY WHICH:
  (A) HAS A VALUE OF AT LEAST TWO HUNDRED FIFTY DOLLARS; AND
  (B)  IS  KEPT  FOR OR USED IN CONNECTION WITH RELIGIOUS WORSHIP IN ANY
BUILDING, STRUCTURE OR UPON 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 THE EDUCATION LAW.
  S 11. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.

Co-Sponsors

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S2368B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3514A
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally
Versions Introduced in 2011-2012 Legislative Session:
S6338, A9288

S2368B (ACTIVE) - Bill Texts

view summary

Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship and for cemetery desecration.

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BILL NUMBER:S2368B

TITLE OF BILL: An act to amend the penal law, in relation to criminal
mischief and larceny offenses committed at a place of religious
worship and to cemetery desecration

PURPOSE: The purpose of this bill is two-fold. First, to enhance the
criminal penalties for damaging property in any house of worship and
to heighten the criminal penalties for stealing or damaging religious
objects from within a house of worship or its curtilage. Second, to
add a heightened criminal penalty for desecrating a cemetery with the
intent to steal property within such cemetery or incur damage of
property that is valued over $2,000.

SUMMARY OF PROVISIONS: Section 1: Adds a new Penal Law section
145.05(3) that relates to criminal mischief in the 3rd Degree. This
provision makes it the crime of criminal mischief in the 3rd degree if
anyone damages any property, regardless of its nature or value, in any
building, structure, or upon the curtilage of such building that is
used as a place of religious worship. This type of criminal mischief
is a class E felony. Under current law, the property must have a value
exceeding $250 or a similar crime had been committed previously by the
same person.

Section 2: Amends Penal Law section 145.10 that relates to criminal
mischief in the 2nd Degree. This provision makes it a crime of
criminal mischief in the 2nd Degree if any damage occurs specifically
to a scroll, religious vestment, vessel, an item comprising of a
display or a religious symbol, or any other item kept or used in
connection with religious worship in any building, structure, or upon
the curtiage of such building that is used as a place of worship,
regardless of the value of such property. Under current law, such
property must have a value of $1,500 or more to be convicted of this
crime. While under this bill, any specifically articulated religious
items damaged would trigger this crime. This type of crime is a class
D Felony.

Section 3: Amends Penal Law section 145.22 to redesignate the crime of
cemetery desecration in the second degree to become cemetery
desecration in the third degree. In addition, it makes this statute
more specific as to the kinds of property that is included within the
purview of this statute. Cemetery desecration in the third degree is a
class A misdemeanor.

Section 4: Amends Penal Law section 145.23 to redesignate the crime of
cemetery desecration in the first degree to become cemetery
desecration in the second degree.In addition, it makes this statute
more specific as to the kinds of property that is included within the
purview of this statute. under current law and this bill, this
provision relates to damaged or stolen property within a cemetery that
is valued at above $250. Cemetery desecration in the second degree is
a E Felony.

Section 5: Adds a new Penal Law section 145.24 entitled Cemetery
desecration in the first degree. Under this new crime, cemetery
property or property located within a cemetery valued at more than


$2,000 that is damaged or stolen by a perpetrator will be punishable
as a class D Felony.

Section 6: Amends Penal Law section 60.29 to include conforming
changes that make reference to the new crime categories created under
this bill

Section 7: Amends Penal Law section 65.10 to allow a court to impose
on those who violate Penal Law Article 145 a community service
requirement to be served at a desecrated cemetery to help compensate
for their property losses as a condition for probation or conditional
release.

Section 8: Amends Penal Law section 155.30(9)that relates to grand
larceny in the fourth degree. Violation of this section of the Penal
Law is a class E Felony. Under current law, this section is violated
if specific religious property such as a scroll, religious vestment,
vessel or other item is stolen and such item has a value of $100 or
more and it is used in connection with religious worship. Under the
Provisions of this bill, any property taken from structure or building
used for religious worship, regardless of the property's value or what
the property is, is considered to be a violation of Penal Law section
155.30.

Section 9: Amends Penal Law section 155.35 that relates to grand
larceny in the 3rd Degree. Under this bill, certain specified
religious property such as a scroll, religious vestment, vessel or
other religious items that is stolen from a house of worship,
regardless of its value, shall be a class D felony.

Currently, under this section of law, the property must have a value
in excess of $3,000.

Section 10: Amends Penal Law section 155.40(2) that relates to grand
larceny in the 2nd degree. This provision heightens the penalty for
the theft of specific religious items in a house of worship such as a
scroll, vestment, vessel and other items that represent a religious
faith and such items have a value of $250.00 and such items are used
in connection with religious worship in any house of worship.
Violation of this crime is a class C felony. Under current law, the
value of such Property must be more than $50,000 or such property was
obtained my means such as extortion.

Section 11: Effective Date.

JUSTIFICATION: It is important for us, as a society, to impose the
appropriate criminal sanctions for those persons who: a) willfully
enter into a house of worship to either destroy any property in such
building or structure that serves as a house of worship or, b)to
desecrate a cemetery by either destroying property located within such
cemetery or stealing property for the perpetrator's own profit.

Further, for those that enter into a house of worship or a cemetery to
steal any items, especially religious items, the criminal penalties
for such acts need to be enhanced.


Many religious congregations wish to keep their houses of worship open
to the public for at least part of the week and for general
convenience so that members of their community or the public at large
may enter into a house of worship to reflect or to pray. With all of
our busy schedules, it is important that such houses of worship can
remain open at convenient times during the week so that we may all
have the ability to enter into such houses to reflect and to pray.

Recently, there has been a series of violations of houses of worship
in the Bronx and the theft of sacred religious property and other
types of damage to such houses of God. It is important for us, as a
society, to protect religious houses so that they may remain open for
all of us to use. Further, such places must be protected from acts of
violence, or the destruction of their property, especially sacred
religious property. Much of this property has not only religious
significance, which merits its enhanced protection, but historical and
cultural significance. Further, much of these religious items are
irreplaceable. These religious places of worship must be protected for
the benefit of our communities and so that they may be used by future
generations.

This bill also enhances the penalties for those who damage cemetery
property, steal such property for the perpetrator's own profit, or
have been convicted of repeated property crime offenses against
cemeteries. With the increasing value of scrap metals such as brass,
copper, bronze and iron, there has been an increasing number thefts of
valuable metals from such cemeteries. Items such as plaques, vases,
flag holders, badges, shields and other metal items within a cemetery
have been subject to a heightened number of thefts in recent years.

Under current law, the monetary threshold for the crimes of cemetery
desecration are relatively low since the general public views theft or
damage of property within such burial places as a more serious event.
However, for those who steal or illegally remove valuable metals and
other property from such cemeteries for profit, the penalty is the
same whether $250 of property has been stolen or $100,000 worth of
such memorials, metals, and other property. This bill heightens the
criminal sanctions for those who are entering into cemeteries to steal
valuable metals and other items for profit.

LEGISLATIVE HISTORY: Similar to S. 6338 of 2012, Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date upon which it shall have become law.

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

                                 2368--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens.  KLEIN, ADDABBO, DIAZ, FELDER, GOLDEN, MARCELLINO,
  MAZIARZ, RANZENHOFER, STAVISKY -- read twice and ordered printed,  and
  when  printed  to  be committed to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  penal law, in relation to criminal mischief and
  larceny offenses committed at a place  of  religious  worship  and  to
  cemetery desecration

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

  Section 1. Subdivision 2 of  section  145.05  of  the  penal  law,  as
amended  by chapter 276 of the laws of 2003, is amended and a new subdi-
vision 3 is added to read as follows:
  2. damages property of another  person  in  an  amount  exceeding  two
hundred fifty dollars[.]; OR
  3.  DAMAGES  PROPERTY  WHICH, REGARDLESS OF ITS NATURE OR VALUE, IS IN
ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUC-
TURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS
INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW.
  S 2. Section 145.10 of the penal law, as amended by chapter 961 of the
laws of 1971, is amended to read as follows:
S 145.10 Criminal mischief in the second degree.
  A person is guilty of criminal mischief in the second degree when with
intent to damage property of another person, and having no right  to  do
so  nor  any reasonable ground to believe that he OR SHE has such right,
he OR SHE:
  1. damages property of another person in an amount exceeding one thou-
sand five hundred dollars[.]; OR
  2. DAMAGES PROPERTY WHICH CONSISTS OF A SCROLL, A RELIGIOUS  VESTMENT,
A  VESSEL, AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05108-06-3

S. 2368--B                          2

A REPRESENTATIVE EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR  USED  IN
CONNECTION WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON 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 THE EDUCATION LAW.
  Criminal mischief in the second degree is a class D felony.
  S 3. Section 145.22 of the penal law, as amended by chapter 353 of the
laws of 2007, is amended to read as follows:
S 145.22 Cemetery desecration in the [second] THIRD degree.
  A person is guilty of  cemetery  desecration  in  the  [second]  THIRD
degree  when:    (a) with intent to damage property of another person[,]
and having no right to do so nor any reasonable ground to  believe  that
he OR SHE has such right, he OR SHE damages any real or personal proper-
ty  USED OR maintained as a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot,
grave, burial place, CRYPT, VAULT or other place of interment OR  TEMPO-
RARY  STORAGE  of  human remains OR CREMATED HUMAN REMAINS, OR ANY MONU-
MENT, HEADSTONE, MARKER, PLAQUE, STATUE,  VASE,  URN,  DECORATION,  FLAG
HOLDER,  OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS
OTHERWISE ASSOCIATED WITH, ANY SUCH  CEMETERY,  MAUSOLEUM,  COLUMBARIUM,
LOT,  PLOT,  GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTER-
MENT OR TEMPORARY STORAGE; or
  (b) with intent to steal personal property, he OR SHE steals  personal
property  which  is  located at a cemetery, MAUSOLEUM, COLUMBARIUM, LOT,
plot, grave, burial place, CRYPT, VAULT or other place of  interment  OR
TEMPORARY  STORAGE  of  human  remains OR CREMATED HUMAN REMAINS, OR ANY
MONUMENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG
HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR  IS
OTHERWISE  ASSOCIATED  WITH,  ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM,
LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE  OF  INTER-
MENT  OR TEMPORARY STORAGE, and which property is owned by the person or
organization which maintains or owns such place or the estate,  next-of-
kin or representatives of the deceased person interred OR STORED there.
  Cemetery  desecration in the [second] THIRD degree is a class A misde-
meanor.
  S 4. Section 145.23 of the penal law, as amended by chapter 353 of the
laws of 2007, is amended to read as follows:
S 145.23 Cemetery desecration in the [first] SECOND degree.
  A person is guilty of  cemetery  desecration  in  the  [first]  SECOND
degree  when,  with  intent  to damage property of another person[,] and
having no right to do so nor any reasonable ground to believe that he OR
SHE has such right, he OR SHE:
  (a) damages any real or personal property  USED  OR  maintained  as  a
cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, CRYPT,
VAULT  or other place of interment OR TEMPORARY STORAGE of human remains
OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE,  MARKER,  PLAQUE,
STATUE,  VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT THAT
IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY  SUCH
CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
VAULT,  OR  OTHER  PLACE OF INTERMENT OR TEMPORARY STORAGE, in an amount
exceeding two hundred fifty dollars; or
  (b) with intent to steal personal property, he OR SHE steals  personal
property, the value of which exceeds two hundred fifty dollars, which is
located  at a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial
place, CRYPT, VAULT or other place of interment OR TEMPORARY STORAGE  of
human  remains  OR  CREMATED  HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE,
MARKER, PLAQUE, STATUE, VASE, URN, DECORATION,  FLAG  HOLDER,  OR  OTHER

S. 2368--B                          3

EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCI-
ATED  WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE,
BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE  OF  INTERMENT  OR  TEMPORARY
STORAGE, and which property is owned by the person or organization which
maintains  or  owns  such  place or the estate, next-of-kin or represen-
tatives of the deceased person interred there; or
  (c) commits the crime of cemetery desecration in  the  [second]  THIRD
degree  as defined in section 145.22 of this article and has been previ-
ously convicted of the crime of cemetery  desecration  in  the  [second]
THIRD  degree,  CEMETERY  DESECRATION  IN  THE SECOND DEGREE, AGGRAVATED
CEMETERY DESECRATION IN THE SECOND DEGREE OR AGGRAVATED  CEMETERY  DESE-
CRATION IN THE FIRST DEGREE within the preceding five years.
  Cemetery desecration in the [first] SECOND degree is a class E felony.
  S  5.  The penal law is amended by adding a new section 145.24 to read
as follows:
S 145.24 CEMETERY DESECRATION IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CEMETERY DESECRATION IN THE FIRST  DEGREE  WHEN,
WITH  INTENT TO DAMAGE PROPERTY OF ANOTHER PERSON AND HAVING NO RIGHT TO
DO SO NOR ANY REASONABLE GROUND TO BELIEVE  THAT  HE  OR  SHE  HAS  SUCH
RIGHT, HE OR SHE:
  (A)  DAMAGES  ANY  REAL  OR  PERSONAL PROPERTY USED OR MAINTAINED AS A
CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
VAULT OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE OF HUMAN  REMAINS
OR  CREMATED  HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, PLAQUE,
STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT  THAT
IS  LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH
CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE,  IN  AN  AMOUNT
EXCEEDING TWO THOUSAND DOLLARS; OR
  (B)  WITH INTENT TO STEAL PERSONAL PROPERTY, HE OR SHE STEALS PERSONAL
PROPERTY, THE VALUE OF WHICH EXCEEDS  TWO  THOUSAND  DOLLARS,  WHICH  IS
LOCATED  AT A CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL
PLACE, CRYPT, VAULT OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE  OF
HUMAN  REMAINS  OR  CREMATED  HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE,
MARKER, MEMORIAL, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR
OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR  IS  OTHERWISE
ASSOCIATED  WITH,  ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT,
GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPO-
RARY STORAGE, AND WHICH PROPERTY IS OWNED BY THE PERSON OR  ORGANIZATION
WHICH  MAINTAINS OR OWNS SUCH PLACE OR THE ESTATE, NEXT-OF-KIN OR REPRE-
SENTATIVES OF THE DECEASED PERSON INTERRED THERE; OR
  (C) COMMITS THE CRIME OF CEMETERY DESECRATION IN THE SECOND DEGREE  AS
DEFINED  IN  SECTION  145.23  OF  THIS  ARTICLE  AND HAS BEEN PREVIOUSLY
CONVICTED OF THE CRIME OF CEMETERY  DESECRATION  IN  THE  THIRD  DEGREE,
CEMETERY  DESECRATION  IN THE SECOND DEGREE, CEMETERY DESECRATION IN THE
FIRST DEGREE, AGGRAVATED CEMETERY DESECRATION IN THE  SECOND  DEGREE  OR
AGGRAVATED CEMETERY DESECRATION IN THE FIRST DEGREE.
  CEMETERY DESECRATION IN THE FIRST DEGREE IS A CLASS D FELONY.
  S  6.  Section  60.29 of the penal law, as added by chapter 165 of the
laws of 1997, is amended to read as follows:
S 60.29 Authorized disposition; cemetery desecration.
  When a person is convicted of an offense  defined  in  section  145.22
[or],  145.23, OR 145.24 of this chapter or of an attempt to commit such
an offense, and the sentence imposed by the court  for  such  conviction
includes a sentence of probation or conditional discharge, such sentence
shall,  where appropriate, be in accordance with paragraph (h) of subdi-

S. 2368--B                          4

vision two of section 65.10 of this  [article]  TITLE  as  such  section
relates to cemetery crime.
  S 7. 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 of substance abuse services, services in an appropriate
community program for removal of graffiti from public or private proper-
ty,  including  any  property  damaged  in  the  underlying  offense, or
services for the maintenance and repair of  real  or  personal  property
USED  OR  maintained  as  a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot,
grave, burial place, CRYPT, VAULT, or other place of interment OR TEMPO-
RARY STORAGE of human remains OR CREMATED HUMAN REMAINS,  OR  ANY  MONU-
MENT,  HEADSTONE,  MARKER,  PLAQUE,  STATUE, VASE, URN, DECORATION, FLAG
HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR  IS
OTHERWISE  ASSOCIATED  WITH,  ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM,
LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE  OF  INTER-
MENT  OR  TEMPORARY STORAGE.  Provided, however, that the performance of
any such services shall not result in the displacement of employed work-
ers 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  subdi-
vision  three of section 410.90 of the criminal procedure 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 conditions of such service;
  S 8. Subdivision 9 of section 155.30 of the penal law, as  amended  by
chapter 479 of the laws of 2010, is amended to read as follows:
  9.  The  property [consists of a scroll, religious vestment, a vessel,
an item comprising a display of religious symbols which forms  a  repre-
sentative  expression  of faith, or other miscellaneous item of property
which:
  (a) has a value of at least one hundred dollars; and
  (b) is kept for or used in  connection  with  religious  worship  in],
REGARDLESS OF ITS NATURE OR VALUE, IS TAKEN FROM any building, structure
or  upon  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 the education law.
  S 9. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
S 155.35 Grand larceny in the third degree.
  A person is guilty of grand larceny in the third degree when he or she
steals property and:
  1.  when  the value of the property exceeds three thousand dollars[,];
or
  2. the property is an automated teller machine or the contents  of  an
automated teller machine[.]; OR
  3.  THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORM A REPRESEN-
TATIVE  EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN CONNECTION
WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE  CURTILAGE
OF  SUCH BUILDING OR STRUCTURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A

S. 2368--B                          5

RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS  CORPORATIONS
LAW OR THE EDUCATION LAW.
  Grand larceny in the third degree is a class D felony.
  S  10. Subdivision 2 of section 155.40 of the penal law, as amended by
chapter 515 of the laws of 1986, is amended and a new subdivision  3  is
added to read as follows:
  2.  The  property,  regardless of its nature and value, is obtained by
extortion committed by instilling in the victim a fear that the actor or
another person will (a) cause physical injury  to  some  person  in  the
future,  or  (b) cause damage to property, or (c) use or abuse his posi-
tion as a public servant by engaging in conduct within or related to his
official duties, or by failing or refusing to perform an official  duty,
in such manner as to affect some person adversely[.]; OR
  3.  THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS  A  REPRE-
SENTATIVE EXPRESSION OF FAITH, OR OTHER ITEM OF PROPERTY WHICH:
  (A) HAS A VALUE OF AT LEAST TWO HUNDRED FIFTY DOLLARS; AND
  (B)  IS  KEPT  FOR OR USED IN CONNECTION WITH RELIGIOUS WORSHIP IN ANY
BUILDING, STRUCTURE OR UPON 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 THE EDUCATION LAW.
  S 11. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.

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