S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 31, 2013
Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law, in relation to cemetery desecration; and
to repeal certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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] 145.22 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 maintained as a cemetery
plot, grave, burial place or other place of interment of human remains
[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 plot, grave, burial place or other place of
interment of human remains 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 there[; or
(c) commits the crime of cemetery desecration in the second degree as
defined in section 145.22 of this article and has been previously
convicted of the crime of cemetery desecration in the second degree
within the preceding five years].
Cemetery desecration in the [first] SECOND degree is a class E felony.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3307--A 2
S 2. The penal law is amended by adding a new section 145.23 to read
S 145.23 CEMETERY DESECRATION IN THE FIRST DEGREE.
A PERSON IS GUILTY OF CEMETERY DESECRATION IN THE FIRST DEGREE WHEN HE
OR SHE COMMITS THE CRIME OF CEMETERY DESECRATION IN THE SECOND DEGREE AS
DEFINED IN SECTION 145.22 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY
CONVICTED OF THE CRIME OF CEMETERY DESECRATION IN THE SECOND DEGREE
WITHIN THE PRECEDING FIVE YEARS.
CEMETERY DESECRATION IN THE FIRST DEGREE IS A CLASS D FELONY.
S 3. Section 145.22 of the penal law is REPEALED.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.