senate Bill S627

2013-2014 Legislative Session

Increases penalties for the offense of making graffiti

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Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Co-Sponsors

S627 - Bill Details

See Assembly Version of this Bill:
A2410
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §145.60, add §145.62, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1784, A4989, A9333
2009-2010: S1751, A3924

S627 - Bill Texts

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Increases penalties for the offense of making graffiti.

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BILL NUMBER:S627

TITLE OF BILL:
An act
to amend the penal law, in relation to increasing penalties for making
graffiti

SUMMARY OF SPECIFIC PROVISIONS:
Section 145.60 of the penal law, as
added by chapter 458 of the laws of 1992 is amended by adding
Section 145.62 to create the category of making graffiti in the
second degree a Class A misdemeanor and increases the penalty of
making graffiti in the first degree a class E felony.

PURPOSE:
Increases the penalty for making of graffiti.

JUSTIFICATION:
Graffiti is not a victimless crime. No matter what form it takes
(etching, painting, covering, or drawing), defacing public or private
property damages such property and someone must pay for the clean-up
of such damage. Whether a homeowner, corporation, small business
owner or taxpayer, there is a cost associated with graffiti removal
and this cost can be substantial.

A person is guilty of making graffiti in the second degree, a class A
misdemeanor, when graffiti is made on any type of building, public or
private, or any other real or personal property owned by any person,
firm or corporation or any public agency or instrumentality without
the express permission of the owner or operator of said property.
Making graffiti does not require proof of damage, only the intent to
deface the property.

A person is guilty of making graffiti in the first degree, a class E
felony, when the perpetrator has previously been convicted of a
violation of making graffiti in the second degree or when the damages
to the property exceed one thousand dollars,

LEGISLATIVE HISTORY:
This bill has been previously introduced.

EFFECTIVE DATE:
This act shall take effect on the first 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
________________________________________________________________________

                                   627

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. 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 increasing  penalties  for
  making graffiti

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

  Section 1. 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.  A PERSON IS GUILTY OF  MAKING  GRAFFITI
IN THE SECOND DEGREE WHEN HE OR SHE:
  [2.  No person shall make] 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  2.  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  PROPERTY  OF  ANOTHER PERSON IN THE MANNER DESCRIBED IN
SECTION 145.60 OF THIS ARTICLE AND HE OR SHE:
  1. HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF SECTION  145.60  OF
THIS ARTICLE; OR
  2. DAMAGES PROPERTY IN AN AMOUNT EXCEEDING ONE THOUSAND DOLLARS.
  MAKING GRAFFITI IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 3. 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.
                                                           LBD03562-01-3

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