senate Bill S3307A

2013-2014 Legislative Session

Relates to cemetery desecration

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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
Jun 12, 2014 referred to codes
delivered to assembly
passed senate
Jun 03, 2014 advanced to third reading
Jun 02, 2014 2nd report cal.
May 29, 2014 1st report cal.1046
May 14, 2014 print number 3307a
amend (t) and recommit to codes
Jan 08, 2014 referred to codes
Jan 31, 2013 referred to codes

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S3307 - Bill Details

See Assembly Version of this Bill:
A7201A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §145.23, add §145.23, rpld §145.22, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S473
2009-2010: S2686

S3307 - Bill Texts

view summary

Removes the $250 amount of damage from cemetery desecration in the second degree; makes cemetery desecration in the second degree a Class E felony to apply to any damage or theft regardless of value; adds crime of cemetery desecration in the first degree and makes such crime a class D felony.

view sponsor memo
BILL NUMBER:S3307

TITLE OF BILL: An act to amend the penal law, in relation to cemetery
desecration in the first degree

PURPOSE: This legislation would include all property, regardless of
value, under the crime of cemetery desecration.

SUMMARY OF PROVISIONS:

Section one amends section 145.23 of the Penal Law to include all
property, regardless of value, located at a cemetery plot, grave,
burial place or other place of interment of human remains in the crime
of cemetery desecration. This section also makes technical changes.

Section two establishes an effective date.

JUSTIFICATION: Cemetery desecration is a continuing problem in New
York State and recently has resulted in the theft of numerous veterans
markers. NYS Law must address all cemetery desecration, regardless of
the value of theft or damage to deal with this extremely disrespectful
problem.

LEGISLATIVE HISTORY: S.S731 of 2007/2008 S.2686 of 2009/2010 S.473 of
2011/2012

FISCAL IMPLICATIONS: None.

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

                                  3307

                       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

AN ACT to amend the penal law, in relation to  cemetery  desecration  in
  the first degree

  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 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 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 degree is a class E felony.
  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.
                                                           LBD01469-01-3

S3307A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7201A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §145.23, add §145.23, rpld §145.22, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S473
2009-2010: S2686

S3307A (ACTIVE) - Bill Texts

view summary

Removes the $250 amount of damage from cemetery desecration in the second degree; makes cemetery desecration in the second degree a Class E felony to apply to any damage or theft regardless of value; adds crime of cemetery desecration in the first degree and makes such crime a class D felony.

view sponsor memo
BILL NUMBER:S3307A

TITLE OF BILL: An act to amend the penal law, in relation to cemetery
desecration; and to repeal certain provisions of such law relating ther-
eto

PURPOSE: This legislation would include all property, regardless of
value, under the crime of cemetery desecration.

SUMMARY OF PROVISIONS:

Section one amends section 145.23 of the Penal Law to include all prop-
erty, regardless of value, located at a cemetery plot, grave, burial
place or other place of interment of human remains in the crime of ceme-
tery desecration. This section also makes technical changes.

Section two establishes an effective date.

JUSTIFICATION: Cemetery desecration is a continuing problem in New York
State and recently has resulted in the theft of numerous veterans mark-
ers. NYS Law must address all cemetery desecration, regardless of the
value of theft or damage to deal with this extremely disrespectful prob-
lem.

LEGISLATIVE HISTORY: S.S731 of 2007/2008 S.2686 of 2009/2010 S.473 of
2011/2012

FISCAL IMPLICATIONS: None.

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

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

                                 3307--A

                       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.
                                                           LBD01469-02-4

S. 3307--A                          2

  S 2. The penal law is amended by adding a new section 145.23  to  read
as follows:
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.

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